Terms of Service

Last updated: March 26, 2026

Definitions
Definitions
General Provisions
Scope of Services
Terms of Provision
Further Conditions
Duration of the Agreement
Website Rules
License Terms
Confidential Information
Personal Data
Liability
Intellectual Property
Remuneration
Complaints
Changes to the Terms
Final Provisions
Downloads

1. Definitions

Pricing an offer presenting product variants and prices of Subscription Plans offered by Trafficwatchdog.
Visit Data data regarding visits collected and generated by the Software on the Client's Website.
Documentation means any accompanying documentation made available to the User by Trafficwatchdog in any format (electronic or non-electronic).
Password a string of alphanumeric characters specified by the Trafficwatchdog User and assigned to them. A password is required to log into the Customer Account or Demo Account. The user is obliged to keep the Password in strict confidence (not to disclose it to any third parties). The password can be changed in the settings of the Customer Account or Demo Account.
Customer a natural person running a business, a legal entity, or an organizational unit without legal personality to which the law grants legal capacity, duly represented by a relevant natural person, who by accepting the Terms of Service and completing Registration has concluded a Service Agreement with Trafficwatchdog, created a Customer Account, and received access to the Services after fulfilling the conditions set out in the Terms.
Click interactions generated in an online or mobile channel leading to a redirect to a given Website.
Customer Account space provided to the Customer within the Trafficwatchdog Website, allowing the Customer to use the Services. The Customer gains access to the Customer Account using a Login and Password. The Customer logs into their Customer Account after completing the Registration or obtaining access from Trafficwatchdog in another way.
Demo Account space provided to the Potential Customer within the Trafficwatchdog Website, allowing familiarization with a demonstration version of the Services (the data presented is an example, and the potential Customer cannot download or implement the Software). The Potential Customer gains access to the Demo Account using a Login and Password. The Potential Customer logs into their Demo Account after completing the Registration or obtaining access from Trafficwatchdog in another way.
Account(s) collectively referred to as the Customer Account and the Demo Account.
Lead a contact or purchase form generated online or on mobile.
Login an individual and unique identifier of the Trafficwatchdog User on the Trafficwatchdog Website.
Subscription Period the period of operation of the Service for which the Subscription Fee is calculated.
Subscription Fee the total monthly fee for the provision of the Service in the amount specified in the Subscription Plan selected by the User.
Software software owned by Trafficwatchdog and any of its updates, implementing the functionalities of a given Service.
Subscription Plan a variant of the provided Service selected from the plans available on the Trafficwatchdog Website or resulting from individual agreements between the User and Trafficwatchdog.
Potential Customer a natural person running a business, a legal entity, or an organizational unit without legal personality to which the law grants legal capacity, duly represented by an appropriate natural person, who, by accepting the Terms of Service and fulfilling other requirements specified in the Terms, uses the part of the Trafficwatchdog Website that does not require access authorization or uses the Demo Account.
Report a summary of collected and analyzed data provided in the Customer Account within the Trafficwatchdog Website or downloaded by the Customer in the form of .pdf, .csv, .xls, .xlsx, .doc, .docx files.
Terms of Service these Terms of Service together with all attachments mentioned herein.
Registration the entirety of technical actions performed using the tools available on the Trafficwatchdog Website, aimed at submitting a registration form or creating an Account, in particular submitting a declaration of acceptance of the Terms of Service and filling out the registration form with required User data.
TrafficWatchdog Spark DigitUP Sp. z o.o., Plac Wolnica 13 lok. 10, 31-060 Kraków, NIP 6762496391, registered in the District Court for Kraków-Śródmieście, XI Commercial Division of the National Court Register under KRS number 0000587711, REGON 363042916, share capital of 205,000.00 PLN, being the owner of Trafficwatchdog.
Service Agreement an agreement for the provision of electronic Services concluded between the Customer and Trafficwatchdog upon the User's acceptance of the Terms of Service, under the conditions specified in the Terms. Acceptance of the Terms is equivalent to concluding an Agreement for the provision of electronic Services without the need to conclude any separate agreement.
Service(s) Products carrying out specific functionalities and Software to which the User receives electronic access on the rules set forth in the Agreement. The detailed scope of Services is defined each time and results from the Subscription Plan chosen by the User.
User(s) collectively referred to as the Customer and Potential Customer.
Customer's User a user visiting the Client's Website.
TrafficWatchdog Website a group of web pages and applications at the internet address https://trafficwatchdog.pl operated by Trafficwatchdog.
Client's Website a group of web pages and applications belonging to the Customer, or to which the Customer has authorized access, which are added in the settings on the Customer Account or on which the Software has been implemented.
Technical Requirements the minimum technical requirements whose fulfillment is necessary to use the Trafficwatchdog Website and to conclude the Service Agreement, i.e.: having a computer or other device connected to the Internet, equipped with one of the web browsers in the currently supported version, supporting JavaScript and cookies (e.g. Chrome, Firefox, Safari, Edge). To create a Customer Account or a Demo Account, the User must have an active e-mail address.

2. General Provisions

  1. General provisions constitute the terms and conditions referred to in Article 8(1)(1) of the Polish Act of 18 July 2002 on the provision of electronic services and specify:
    1. types and scope of Services provided electronically;
    2. conditions for providing Services electronically, including:
      1. technical requirements necessary to cooperate with the ICT system used by Trafficwatchdog,
      2. prohibition of Uers supplying unlawful content,
    3. rules for using the Trafficwatchdog Website and the Services offered by Trafficwatchdog,
    4. rights and obligations of Trafficwatchdog and Users,
    5. conditions for concluding and terminating the Agreement for the provision of electronic Services,
    6. rules regarding the protection and processing of personal data of Users and Customer's Users,
    7. complaint procedure.
  2. The Terms of Service are available to the User free of charge at any time at: Click here along with the possibility of acquiring, reproducing, and fixing their content using the ICT system used by the User.
  3. The User declares that they are an entrepreneur within the meaning of Article 43[1] of the Polish Civil Code of April 23, 1964, and will use the Services as part of their business or professional activity.
  4. Using the Trafficwatchdog Website and the Services requires the end device and ICT system used by the User to meet the minimum Technical Requirements.
  5. Access to the paid parts of the Services is possible after creating an Account within the Trafficwatchdog Website, as well as after fulfilling other conditions specified in the Terms, including after selecting and paying for the Subscription Plan chosen by the Customer.
  6. Trafficwatchdog reserves the right to restrict access to selected Services offered via the Trafficwatchdog Website in cases specified in the Terms.
  7. Trafficwatchdog technical support personnel may, at the User's explicit request and with the User's prior consent each time, access the Customer Account or Demo Account solely for the purpose of maintaining, diagnosing, or improving the Service, including providing technical support or resolving billing matters.
  8. Trafficwatchdog ensures the operation of the ICT system, which allows the Customer to use the Services in a manner preventing access by unauthorized persons to the content of the transmission making up the Service, in particular by using cryptographic techniques appropriate for the properties of the provided Service, and also allows unambiguous identification of the parties to the Service provided electronically. In the event of planned interruptions, modernizations, or in other similar cases, Trafficwatchdog may notify the User about them via the provided e-mail address or in the form of a message on a web page within the Trafficwatchdog Website.

3. Types and Scope of Services Provided by Trafficwatchdog

  1. In accordance with the provisions of the Terms, Trafficwatchdog provides the following Services to Users:
    • Click Scanner – a system for detecting and preventing advertising fraud.
    • Affiliate Scanner – a dedicated system for tracking and preventing affiliate fraud, including commission fraud and lead fraud.
    • Sales Bot – a system functioning as a closed Chat Bot used for product recommendations and generating individual discount codes.
    • eSeller AI (Chat AI) – an artificial intelligence module used within the Chat, serving to automatically support Users visiting the Client's Website by answering their questions and initiating conversation in the Chat Window. eSeller AI can also function as an Email Agent AI in the Client's mailbox and handle emails from Users. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as data processors/subcontractors.
    • Voice Assistant AI (Voice Bot AI) – a system utilizing artificial intelligence technology to automatically handle voice calls redirected by the Customer to a telephone number indicated and owned by Trafficwatchdog. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as data processors/subcontractors.
    • Ads Bot AI – a functionality of the Trafficwatchdog Service utilizing artificial intelligence algorithms to optimize the product feed and generate ad components at the Customer's request. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as data processors/subcontractors.
    • Lead Agent AI – a functionality of the Trafficwatchdog Service utilizing artificial intelligence algorithms to automatically generate personalized e-mail messages on behalf of the Customer. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as data processors/subcontractors.
    • IT Agent AI - a functionality of the Trafficwatchdog Service utilizing artificial intelligence algorithms to prepare dedicated IT solutions. Using IT Agent AI generally does not involve personal data processing, unless the Customer introduces data identifying natural persons into the tool — in which case the data is processed solely to provide the Service. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as data processors/subcontractors.
    • Blog Agent AI - a functionality of the Trafficwatchdog Service utilizing artificial intelligence algorithms to create and maintain a blog along with content. Using Blog Agent AI does not involve personal data processing. Trafficwatchdog may use various technology providers (including AI services) indicated in the current Privacy Policy as data processors/subcontractors.
  2. Processing of personal data within individual services is carried out in accordance with these Terms and the Trafficwatchdog Privacy Policy.
  3. To use the Services, the User is required to complete Registration and accept the Terms.
  4. The Agreement for the provision of electronic Services is concluded upon the User's acceptance of the Terms.
  5. Trafficwatchdog may also begin providing the selected Service to the Customer based on individual arrangements with the Customer.
  6. For the provided Services, Trafficwatchdog is entitled to remuneration in the amount of the Subscription Fee, specified each time and resulting from the Subscription Plan.

4. Terms of Provision of Services – Registration, Account Creation and Usage

  1. Creating a Customer Account or a Demo Account occurs through Registration. To perform Registration, the User is obliged to complete the registration form made available within the Trafficwatchdog Website according to the rules indicated below and send the completed registration form electronically to Trafficwatchdog.
  2. The User is obliged to provide data marked as mandatory in the registration form. In the registration form, the User also has the option to provide non-mandatory data or express optional consents for the processing of their personal data in accordance with the formulas provided in the registration form.
  3. A condition for Registration and further use of the Trafficwatchdog Website and access to the Services is the User's acceptance of the Terms. Acceptance of the Terms is equivalent to concluding the Agreement without the need to conclude any separate agreement.
  4. Trafficwatchdog also allows the possibility of establishing cooperation with the User by concluding a separate service agreement, including in written form. In such a case, the Terms will constitute an integral part of the agreement unless the parties decide otherwise.
  5. A condition for Registration is Trafficwatchdog's activation of the Account and granting the User access to the Account. After the User submits the registration form, Trafficwatchdog sends a return message to the e-mail address provided by the User with information on how to activate and grant access to the Customer Account or Demo Account.
  6. After a correctly performed and activated Registration, the User gains access to the Customer Account or Demo Account by logging into the Trafficwatchdog Website using a Login and Password.
  7. The Customer or Potential Customer has the option to edit their data and voluntarily add additional information after logging into the Account.
  8. The User is obliged to:
    1. provide in the registration form when creating a Customer Account or Demo Account only true, current, and all required data.
    2. promptly update the data, including personal data, provided during Registration, particularly to the extent necessary for the proper provision of Services.
    3. maintain the confidentiality of the Login and Password.

5. Further Conditions for the Provision of Services

  1. Trafficwatchdog provides the Services specified in § 3 paragraph 1 of the Terms to Users who have completed Registration. Trafficwatchdog provides these Services via the Trafficwatchdog Website and using the Software provided to the User, which must be correctly implemented on the User's side.
  2. After correctly executing and activating the Registration, the User within the Account has the possibility of choosing - or if it has been agreed through individual arrangements - access to the selected Subscription Plan, Subscription Period, and Subscription Fee. The detailed scope and period of the provided Services referred to in § 3 paragraph 1 above is always defined and arises each time from the Subscription Plan and Subscription Period chosen by the User.
  3. Activation of the Services and the User's access to the Services referred to in § 3 paragraph 1 of the Terms occurs after:
    1. the User confirms the Subscription Plan and Subscription Period through individual arrangements - or the User selects the Subscription Plan and Subscription Period,
    2. the correct implementation of the Software by the User on the Client's Website.
  4. In case of technical problems with the implementation of the Software, the User may at any time request technical support from Trafficwatchdog via email kontakt@trafficwatchdog.pl or the support form available on the Trafficwatchdog Website.
  5. After the User selects the Subscription Period, Trafficwatchdog, within 30 days from the day the User selects the Subscription Plan, provides the User with an invoice for the provided Services in the Account or sends it to their email address.
  6. Failure to pay the Subscription Fee within the deadline specified in the invoice provided to the User may result in automatic blocking of access to the Account. The User's payment of the Subscription Fee within 14 days from the date of blocking access to the Account will result in unblocking this access. The ineffective expiration of the deadline referred to above constitutes a material breach of the Agreement and entitles Trafficwatchdog to terminate the Agreement with immediate effect and delete the Account after prior request for payment sent to the email address assigned to the Account. The date of payment is considered to be the day the paid amount is credited to Trafficwatchdog's bank account.

6. Duration and Termination of the Service Agreement

  1. The Agreement is concluded for an indefinite period.
  2. Either party may terminate the Agreement with a 1-month notice period calculated from the end of the month in which the notice of termination was submitted.
  3. The end of a given Subscription Period or the User's request to delete the Account does not cause the termination of the Agreement. In the event of a User's request to delete the Account, such request is treated as submitting a notice of termination of the Agreement with the notice period specified in paragraph 2, unless something else arises explicitly from the declaration submitted by the User.
  4. Trafficwatchdog may at any time block the User's access to the Account or suspend the provision of the Service in cases indicated in the Terms.
  5. Trafficwatchdog may unilaterally terminate the Agreement with immediate effect if the User:
    1. violates the provisions of the Terms,
    2. uses the Service or Software in a manner that may threaten the interests of Trafficwatchdog or third parties, including other Users,
    3. violates the rules of fair trading, in particular by failing to comply with the provisions of law,
    4. violates universally binding rules of IT security by failing to properly protect their hardware against external attacks,
    5. uses the Services in a way that could lead to disruption of the proper functioning of the Trafficwatchdog Website, Services, or Software,
    6. distributes computer viruses or malicious software,
    7. attempts to change or changes the parameters of the Software.
  6. The Agreement may be concluded for a fixed period in case of individual arrangements between the parties or the provision by Trafficwatchdog and the choice of such possibility by the User in the Account (e.g., test package). In such a case, the Agreement expires upon the end of the period for which it was concluded.
  7. The outstanding balance becomes immediately due and payable upon termination or expiration of the Agreement for any reason, and all costs of debt collection, including debt recovery (including legal costs) incurred by Trafficwatchdog will be included in the amount due.
  8. Upon termination or expiration of the Agreement, Trafficwatchdog will cease providing the Services, and the User will delete all copies of the Software from the Client's Website and confirm this in writing or via email to Trafficwatchdog within 3 (three) days from termination or expiration.
  9. In the event of failure to remove the Software from the Client's Website within the deadline referred to above, Trafficwatchdog is entitled to (i) block the operation of the Software or the provision of the Service on its side and (ii) charge remuneration for the period during which the Software remains active and the Service can be provided, in accordance with the current Pricing or the parties' arrangements.
  10. In the event of termination or expiration of the Agreement:
    1. the User will not be entitled to a refund of the remuneration or any other fees,
    2. all historical Report data will no longer be available to the User, unless the Agreement provides otherwise.

7. Rules for Using the Trafficwatchdog Website

  1. Trafficwatchdog reserves the right to modify the technical manner of implementing the Services, appropriate to the scope and conditions resulting from the held authorizations, and also according to its technical capabilities.
  2. To ensure the security of message transmission and in connection with the provided Services, Trafficwatchdog takes technical and organizational measures appropriate to the degree of threat to the security of the provided Services.
  3. While performing the Service for the User, Trafficwatchdog does not guarantee downloading and saving all information that was to be downloaded for the implementation of a given Service, including data of every visit, conversation, or every product from the product database from the Client's Website.
  4. Trafficwatchdog is not responsible for making it impossible or limiting the use of the Software by the Customer due to any technical circumstances beyond Trafficwatchdog's control or the resolution of which requires the cooperation of third parties.
  5. The User is particularly obliged to:
    1. use the Services offered by Trafficwatchdog in a manner consistent with the provisions of applicable law, the provisions of the Terms, as well as accepted customs and principles of social coexistence, including in a manner not bothersome to other Users and Trafficwatchdog and not disrupting the work of Trafficwatchdog or the Trafficwatchdog Website,
    2. pay invoices and other fees and costs agreed upon between the User and Trafficwatchdog on time,
    3. not to supply or transmit within the Trafficwatchdog Website any content prohibited by applicable law, in particular content that violates the proprietary copyrights of third parties or their personal rights,
    4. refrain from taking actions such as:
      1. posting within the Trafficwatchdog Website any content that violates the law (prohibition on posting unlawful content),
      2. undertaking IT activities or any other activities aimed at gaining possession of information not intended for the User, including data of other Users,
      3. modifying content provided by Trafficwatchdog in an unauthorized manner, in particular the content provided within the Trafficwatchdog Website,
      4. abusing the rights granted to the User by Trafficwatchdog or the law, in a manner contrary to the socio-economic purpose of a given right or the principles of social coexistence.
  6. Trafficwatchdog bears no liability for infringement of third-party rights and for causing any damage to third parties as a result of and in connection with actions taken by the User (in particular the scope, method, and content of the Services they use) utilizing data collected by the User in connection with the provided Services.
  7. The User is obliged to promptly notify Trafficwatchdog of any violation of their rights during their use of the Trafficwatchdog Website, as well as of any violation of the rules set out in the Terms.
  8. Trafficwatchdog may deprive the User of the right to use the Trafficwatchdog Website, as well as restrict their access to part or all of the resources of the Trafficwatchdog Website or Services offered by Trafficwatchdog, with immediate effect, in the event of a breach by the User of the Terms, in particular when the User:
    1. provided untrue, inaccurate, outdated, misleading data, or data violating the rights of third parties on the Trafficwatchdog Website,
    2. violated personal rights via the Trafficwatchdog Website, in particular the personal rights of other Users,
    3. committed other behavior contrary to the Terms or behavior deemed by Trafficwatchdog as reprehensible, inconsistent with applicable law or general rules of using the Internet, contrary to the goals of creating the Trafficwatchdog Website or harming Trafficwatchdog's good name.
  9. A person deprived of the right to use the Trafficwatchdog Website cannot register again without the prior consent of Trafficwatchdog.
  10. The User may at any time during the availability of the Trafficwatchdog Website request the deletion of their Account. By requesting Account deletion, the User waives further use of any paid Services on the Trafficwatchdog Website. A request to delete the Account by the User is treated as the User submitting a notice of termination of the Agreement under the procedure specified in § 6 paragraph 3 of the Terms, unless something else explicitly results from the Customer's declarations or instructions.

8. Detailed Software License Terms

  1. Trafficwatchdog under the Agreement grants the Customer a limited, revocable, non-exclusive, non-sublicensable license to install and use the Software, Service, and Reports or Documentation – exclusively for the purpose of using the Service for one or more Client's Websites according to the selected Subscription Plan. Subject to the terms of the Subscription Plan or separate arrangements between the Customer and Trafficwatchdog in this respect, the Customer may, if applicable, remotely access, view, and download Reports stored on the Trafficwatchdog Website. The Customer's license, use, and access to the Service are conditioned upon the Customer's compliance with the terms and conditions of these Terms. The Customer shall not:
    1. allow any third party to access, copy, modify, adapt, translate, or otherwise create derivative works of the Software, Service, Reports, or Documentation;
    2. reverse engineer, decompile, or otherwise attempt to discover the source code of the Software;
    3. rent, lease, sell, assign, or otherwise transfer rights to the Trafficwatchdog Website, Software, Service, Reports, or Documentation;
    4. remove any proprietary notices or labels from the Software, Service, Reports, or Documentation;
    5. use, post, transmit, or introduce any devices or software, or take actions that interfere or attempt to interfere with the operation of the Trafficwatchdog Website, Software, Service, Reports, or Documentation;
    6. use the Service to develop, create, or permit others to develop or create a product or service similar or competitive to the Service;
    7. upload any virus, Trojan horse, or other malicious or harmful code or attachment;
    8. use robots, crawlers, and similar applications to collect, harvest, or compile content from or via the Service;
    9. use the Trafficwatchdog Website, Software, Service, Reports, or Documentation in any activity that violates applicable law.
  2. The Customer will use the Trafficwatchdog Website, Software, Service, Reports, or Documentation solely for their internal use and will not make them available for use to other entities unless explicitly permitted by Trafficwatchdog.
  3. The User will comply with all applicable laws and regulations when using the Trafficwatchdog Website, Software, Service, Reports, or Documentation.
  4. Trafficwatchdog may revoke the license at any time by notifying the Customer in writing or electronically.
  5. This license expires immediately if the Customer fails to comply with any of the provisions or conditions of the Terms. Upon such expiration, the Customer agrees to delete and destroy all original and copy versions of the Software, Documentation, and Reports in their possession and then certify this in writing or via email and deliver such statement to Trafficwatchdog within three (3) business days of the license expiration. In such an event, the User also commits to ceasing further use of the Service without explicit consent from Trafficwatchdog.
  6. The license is granted for the duration of the Agreement. Termination of the Agreement, its termination without notice, or cessation of legal existence in any other way is tantamount to termination or cancellation of the license, which ceases no later than the day the legal existence of the Agreement ends. License notice periods are identical to the Agreement notice periods.

9. Protection of Confidential Information and Professional Secrecy

  1. Confidential information includes any proprietary data and any other information disclosed by one party to the other party in any form, including information marked as "confidential". To avoid doubt, confidential information includes but is not limited to the Software, Documentation, Reports, Login, Password, and any Customer's User data.
  2. Confidential information does not include information that is already publicly known or that is already in the receiving party's possession with the disclosing party's consent, acquired and developed prior to disclosure and without using confidential information.
  3. Without prejudice to contrary provisions of the Terms in this regard, neither party will use or disclose the other party's confidential information without the prior written consent of the other party, except as necessary to fulfill obligations under the Agreement or if required by generally applicable law, the Terms, a legitimate request from supervisory authorities, or a court order. In such an event, the party compelled to disclose confidential information will notify the other party as far as practically possible prior to such disclosure.
  4. Upon termination or expiration of the Agreement, both parties will promptly return or destroy all confidential information and any media containing such information, and upon the other party's request, provide a written protocol of the return or destruction.
  5. The Customer is responsible for protecting the confidentiality of their Login and Password provided to the User by Trafficwatchdog and for any use or misuse of the Trafficwatchdog Website, Software, Service, Account, Documentation, or Reports resulting from the actions of third parties using the Password or Login. The User commits to immediately notifying Trafficwatchdog of any unauthorized use of the Account or other known security breaches.
  6. The confidentiality obligation remains in force during the term of the Agreement, as well as for 5 years after its termination or expiration.

10. Rules for Processing and Protection of Personal Data

  1. Trafficwatchdog is the data controller of Customers' personal data and the personal data of their employees or other persons used by the Customer provided by Customers ("User Data") and processes this personal data in accordance with the rules set out in the Privacy Policy available here: Click here.
  2. The Customer hereby declares that they have read and accepted the content of the Privacy Policy, and in particular confirms and acknowledges that:
    1. User Data placed within the Account or elsewhere on the Trafficwatchdog Website will be processed in accordance with applicable laws by the data controller: Spark DigitUP Sp. z o.o., Plac Wolnica 13 lok. 10, 31-060 Kraków, NIP 6762496391, registered in the District Court for Kraków-Śródmieście, XI Commercial Division of the National Court Register, under KRS number 0000587711, REGON 363042916, share capital 205,000.00 PLN, fully paid up;
    2. in the event the User places the personal data of the User's employees or other persons used by the User in the Account or elsewhere on the Trafficwatchdog Website, the User is responsible for informing the data subjects about this fact and acquainting them with the Privacy Policy referred to in paragraph 1 of this section, obtaining written declarations from these persons confirming they have read the Privacy Policy, and presenting signed statements of the data subjects upon every request of Trafficwatchdog within a period not exceeding 3 days from the date of such request.
  3. The Customer may grant Trafficwatchdog access to the Account on the target platform to provide the Service. To do this, the Customer shares the required account information on the selected Customer platform.
  4. The Customer declares that they are the data controller or a processor acting on behalf of the data controller of the personal data of Users and Customer's Users. The Customer declares that they collect and process this personal data in accordance with universally applicable laws.
  5. The Customer authorizes Trafficwatchdog as a Processor to process the personal data of Users and Customer's Users on their behalf in connection with the performance of the Services.
  6. In any case, the Customer declares that they are authorized to entrust or sub-entrust the personal data of Users and Customer's Users to third parties.
  7. The Customer declares that in running the Client's Website they comply with applicable regulations regarding the collection of information from Customer's Users, including informing Customer's Users about the scope of data collected and processed by Trafficwatchdog and, if required by law, obtaining the appropriate consents of Customer's Users for the collection and processing of data by Trafficwatchdog,
  8. In connection with providing the Services, Trafficwatchdog will process the personal data of Customer's Users. The Customer, as the controller of the personal data of Customer's Users, declares and guarantees that they perform all obligations imposed on the data controller by applicable law towards the data subjects on their own and on their own behalf, in particular regarding the proper fulfillment of the information obligation, obtaining all necessary and legally required consents for the processing of their personal data from Customer's Users, including in connection with the User's use of the Services and Software. Trafficwatchdog bears no liability for the Customer's failure to fulfill the obligations referred to in this paragraph, including the improper fulfillment or non-fulfillment of the information obligation towards data subjects or the failure to provide an adequate legal basis for processing the personal data of data subjects processed in connection with the provided Service.
  9. The Customer is responsible for ensuring the consistency of their external documents - in particular, the Customer's Privacy Policy (regarding Users of their website/services) should be updated with information that the Customer uses Trafficwatchdog solutions and services, which may involve transferring data to Trafficwatchdog.
  10. The provisions of these Terms constitute an Agreement or other legal instrument binding the processor and the controller within the meaning of Article 28(1) 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 - "GDPR"), under which the Customer entrusts Trafficwatchdog, as the processor, with the processing of the personal data of Customer's Users to the following extent: IP address, cookies, basic information about the computer device used to access the Website, identifier assigned to the device from which visits are generated, parameters of the end device, operating system parameters, browser parameters, general geographical location of the visit, method of interaction of the potential User with the Website and activity data on the Website, time on the Website, HTTP header parameters, marketing campaign parameters, data regarding visited web pages, URLs of visited pages, date and time of the visit. When using AI Chat, this may also include contact details provided by the Customer's User during a conversation (e.g. name, surname, email address, phone number, social media account data); when using AI Voice Assistant, it may also include personal data provided during a telephone call, such as the phone number initiating the call, and the content and recording of the conversation (voice) of the Customer's User.
  11. The Customer, who entrusts Trafficwatchdog with the processing of certain personal data to execute the Service on their behalf, declares that this data was acquired and is processed by the Customer in accordance with applicable laws (including GDPR) and that they are authorized to transfer it to Trafficwatchdog. Trafficwatchdog will process the entrusted data exclusively on the documented instructions of the Customer and solely to properly perform a given Service for the Customer, according to the Agreement. Trafficwatchdog will not use the entrusted data for any other of its own purposes or the purposes of third parties undisclosed in the Agreement, and upon completion of the provision of a given Service, will delete or return this data to the Customer, unless strictly mandatory provisions of law require its further retention.
  12. In case of using data acquired from publicly available sources within the Service (in particular, the Lead Agent AI functionality), this data is used solely to provide a given Service to the Customer, on their behalf and for their benefit. The Customer acknowledges that in relation to such data, they act as the data controller of the individuals to whom messages are addressed via Lead Agent AI, and Trafficwatchdog acts as the processor, carrying out the sending of messages on the Customer's behalf. The Customer commits to fulfilling all information obligations towards these individuals and ensuring the legality of the messages sent, including compliance with GDPR regulations and the Act of 18 July 2002 on the provision of electronic services (i.e., not violating the ban on sending unsolicited commercial information to natural persons, as well as respecting an addressee's objection or lack of consent to receive correspondence). The Customer accepts the content of the information obligation and assumes full responsibility for the compliance of the dispatch with GDPR and the Act on the provision of electronic services, thereby releasing the Service Provider from any claims by third parties.
  13. The entrusted personal data will be processed by Trafficwatchdog to properly execute the Agreement, i.e., to properly provide the Services.
  14. Trafficwatchdog may entrust the processing of entrusted personal data to another person or entity ("Sub-processor"), to which the Customer hereby gives general consent. If Trafficwatchdog uses the services of a Sub-processor to carry out specific processing activities on behalf of Trafficwatchdog, the same data protection obligations and level of protection as in the Agreement are imposed on the Sub-processor. If the Sub-processor fails to fulfill its data protection obligations, Trafficwatchdog remains liable to the Customer for the Sub-processor's performance of its obligations.
  15. Trafficwatchdog commits to complying with universally applicable laws regarding personal data protection during the term of their processing and to implementing them prior to the commencement of processing the entrusted personal data, and subsequently applying them throughout the duration of the Agreement.
  16. Trafficwatchdog ensures that persons authorized to process the personal data entrusted by the Principal have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
  17. Trafficwatchdog is entitled to authorize persons acting on its behalf, including Sub-processors, to process the entrusted personal data on behalf of the Customer, including issuing instructions to these entities on behalf of the Customer regarding the processing of the entrusted personal data, within the limits of the instructions issued by the Customer.
  18. Trafficwatchdog ensures that the persons who will process the entrusted data on its behalf have been properly trained in personal data protection.
  19. Taking into account the state of technical knowledge, the cost of implementation and the nature, scope, context and purposes of processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Trafficwatchdog implements appropriate technical and organizational measures to ensure a level of security appropriate to the assessed risk to the rights or freedoms of natural persons, including among others, as appropriate: (i) the pseudonymization and encryption of personal data, (ii) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services, (iii) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident, and (iv) a process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
  20. Trafficwatchdog assists the Customer through appropriate technical and organizational measures to fulfill the obligation to respond to requests from the data subject in exercising their rights specified in Chapter III of the GDPR, particularly requests concerning being informed, data access, data rectification, data erasure, restriction of data processing, data portability, objections, as well as requests related to automated decision-making and profiling. As part of the obligation referred to in the preceding sentence:
    1. Trafficwatchdog commits to promptly notifying the Customer of a received notification or request from a data subject – but no later than within 72 hours from receiving this notification or request;
    2. Trafficwatchdog provides the Customer with all information necessary to fulfill the data subject's request within 3 business days from the date the information is requested by the Customer;
    3. Trafficwatchdog does not provide answers directly to data subjects regarding their submitted requests.
  21. Trafficwatchdog assists the Customer in fulfilling the obligations under Articles 32–36 of the GDPR, particularly:
    1. in notifying about personal data breaches of entrusted personal data;
    2. in applying adequate technical and organizational measures according to the identified risks related to processing entrusted personal data;
    3. in the Customer's conduct of data protection impact assessments and prior consultation with the supervisory authority regarding the assessment.
  22. Trafficwatchdog maintains a record of categories of processing activities, in accordance with Article 30 paragraph 2 of the GDPR. Trafficwatchdog makes the record referred to above available at the request of the supervisory authority and cooperates with the supervisory authority in the performance of its tasks.
  23. The entrusted personal data is processed by Trafficwatchdog from the moment the Agreement is concluded. Subject to paragraphs 24 and 25 of this section, upon completion of the provision of Services and termination or expiration of the Agreement, depending on the Customer's decision, Trafficwatchdog deletes or returns all personal data and deletes all existing copies, unless Union or Member State law requires storage of the personal data. Detailed retention periods for specific data categories (e.g., visit data, conversation data) are described in the Trafficwatchdog Privacy Policy.
  24. Trafficwatchdog has the right to retain data to the extent necessary to establish, assert, and defend claims, becoming a separate data controller in this respect.
  25. The provisions of this section do not affect Trafficwatchdog's right to retain and use data resulting or derived from the provided Service for the purpose of conducting research, statistics, and analysis, improving the Software and Services, and offering general analytical information for Customers, Potential Customers, and third parties, provided that such data will be aggregated and will not enable the identification of Customer's Users.
  26. Trafficwatchdog cooperates with supervisory authorities and control institutions and the Customer upon request.
  27. Trafficwatchdog makes available to the Customer all information necessary to demonstrate compliance with the obligations set forth in this section and the GDPR within 14 days of the Customer's request in this regard and allows for and contributes to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer.
  28. The Customer has the right to direct inquiries to Trafficwatchdog regarding the proper performance of Trafficwatchdog's obligations to secure the personal data entrusted to it based on the data.
  29. The Customer or an auditor authorized by them will exercise the right to audit from Monday to Friday between 9:00 AM – 3:00 PM and after prior written notification to Trafficwatchdog at least 14 days before the planned audit date. The costs of the audit are borne by the Customer.
  30. The Customer will conduct the audit while respecting the business secrets of Trafficwatchdog.
  31. After conducting the audit, the Customer may provide Trafficwatchdog with post-audit recommendations in writing. Trafficwatchdog will be obliged to implement them within the time frame specified by the Customer, not less than 30 days.
  32. Trafficwatchdog, upon finding a breach of the protection of the entrusted personal data, without undue delay, but no later than within 72 hours from the moment of obtaining information about the occurrence of the event, reports it to the Customer. In this report it includes:
    1. the nature of the personal data breach, including indicating the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned;
    2. the name and contact details of the data protection officer or another contact point where more information can be obtained;
    3. the likely consequences of the personal data breach;
    4. the measures taken or proposed to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
  33. Trafficwatchdog undertakes to inform the Customer, immediately upon becoming aware, but no later than within 7 days, of any proceedings, particularly administrative or judicial, concerning the processing of entrusted personal data. Trafficwatchdog also informs the Customer of any administrative decisions or judgments regarding the processing of entrusted data directed to Trafficwatchdog, as well as any planned – if known to Trafficwatchdog – or ongoing controls and inspections regarding the processing of entrusted personal data at Trafficwatchdog.
  34. Within the scope resulting from this section, Trafficwatchdog as the processor of entrusted personal data bears liability to the Customer as the controller of the entrusted personal data for non-performance or improper performance of the Agreement or on any other legal titles and legal bases for pursuing it under the rules specified in the GDPR – with the provision that Trafficwatchdog's liability is limited to an amount constituting 100% (one hundred percent) of the total amount paid by the Customer as remuneration in the last 2 (two) months of cooperation. The above quantitative limitation does not apply to damages caused by Trafficwatchdog intentionally.

11. Liability

  1. If third parties or state authorities assert claims against Trafficwatchdog arising from:
    1. the Customer's breach of any of the provisions or conditions of the Agreement,
    2. the Customer's use of the Service,
    3. the Customer's violation of applicable laws in connection with the Service - Trafficwatchdog will immediately notify the Customer of such claims or proceedings, and the Customer commits to taking all necessary legal steps at their own expense to provide Trafficwatchdog with due protection against such claims by sharing with Trafficwatchdog any documents and information held by the Customer necessary to demonstrate the groundlessness of the claim, and in the event of a court dispute, the Customer commits to join the proceedings in place of or alongside Trafficwatchdog, if legally possible; in the case of a court dispute or administrative proceedings that may result in imposing an obligation on Trafficwatchdog to pay a claim or penalty, the parties will cooperate with each other, consult on procedural actions taken, and present evidence in their possession.
  2. If appropriate authorities impose financial penalties on Trafficwatchdog with a final and binding decision, or a court awards third-party claims against Trafficwatchdog, including those of Customer's Users, if the imposition of such a penalty or award of the claim is the result of:
    1. the Customer's breach of any of the provisions or conditions of the Agreement,
    2. the Customer's use of the Service,
    3. the Customer's violation of applicable laws in connection with the Service - the Customer will pay Trafficwatchdog the full amount of financial penalties or the full amount of third-party claims, including Customer's Users, resulting from final court judgments or decisions of relevant authorities imposing or awarding such penalties or claims against Trafficwatchdog, within 7 days from the presentation of the demand for payment by Trafficwatchdog documented by a final court judgment or an authority's decision, together with the costs of the trial or other proceedings related to the pursued claim awarded against Trafficwatchdog by the court or authority.
  3. Trafficwatchdog is not liable for any damages incurred by the User, Customer's User, or third parties resulting directly or indirectly from:
    1. unauthorized access to the Account or unauthorized modification of the Customer's data or data from the Client's Website,
    2. use of the Trafficwatchdog Website, Service, Software, Reports, Documentation contrary to their purpose or the provisions of the Agreement.
  4. Trafficwatchdog is not liable under statutory warranty for defects in the results of the Services or Trafficwatchdog's work created as part of the performance of the Services.
  5. Trafficwatchdog is not liable for lost profits.
  6. Trafficwatchdog's total liability regardless of the legal basis for pursuing it and under all legal titles in total is limited to 100% of the fees paid by the Customer in the last 2 months of cooperation, except for damages caused intentionally.
  7. The Services and Software are delivered to the User ready for implementation. To the maximum extent permitted by universally applicable laws – Trafficwatchdog is not liable for errors and damages caused by the User, resulting from improper implementation of the provided Software.
  8. Trafficwatchdog makes every effort to ensure the Service functions correctly. However, as a Service based on Software, predictive algorithms, third-party services, and constant Internet connectivity, Trafficwatchdog does not guarantee that the Service will operate uninterrupted or error-free or that it will always be available, bug-free, or fail-safe. If Trafficwatchdog receives notification of any failure or malfunction, or becomes aware of it independently, it will make every effort to restore the availability of the Service as quickly as possible. Such incidents will not be considered a breach of the Agreement.
  9. Trafficwatchdog makes every effort to ensure the Click Scanner and Affiliate Scanner Services identify abuses and frauds defined within the scope of the Service, however, Trafficwatchdog does not guarantee that the Service will detect or prevent all types or all instances of fraud. Information contained in or accessible through the Service, including Reports, may contain inaccuracies or errors.
  10. Trafficwatchdog may introduce improvements or changes to the Trafficwatchdog Website, Service, Software, Reports, Documentation at any time. If Trafficwatchdog expands the Service with new or additional features or capabilities, it reserves the right to amend the terms of the Service.
  11. Trafficwatchdog does not guarantee that the Service will work at all times or during any downtime:
    1. caused by interruptions in access to public networks, networks, or servers,
    2. caused by failures of the Customer's equipment, systems, or local access services;
    3. during previously scheduled maintenance or repair work;
    4. caused by events of force majeure such as strikes, riots, insurrections, fires, floods, explosions, war, epidemics, pandemics, acts of government, working conditions, earthquakes, natural disasters, or interruptions in Internet services in the area where Trafficwatchdog servers or Customer servers are located.
  12. Trafficwatchdog is not responsible for the content or information generated automatically by AI-based tools provided as part of the Service. In particular, Trafficwatchdog is not responsible for the content of responses provided by eSeller AI (Chat AI), statements of the Voice Assistant AI during telephone conversations, materials generated by Ads Bot AI, Blog Agent AI, nor for the content of e-mail messages prepared using Lead Agent AI. The Customer bears sole responsibility for verifying this content before using it and for the consequences of its use, including ensuring that the use of automatically generated information complies with the law and does not violate third-party rights.
  13. The Customer bears sole responsibility for the legality of actions involving the sending of personalized e-mail messages via Lead Agent AI. In particular, the Customer is obliged to ensure that messages sent using Lead Agent AI do not constitute "unsolicited commercial information" addressed to a recipient who has not consented to it – provided that the requirement to obtain such consent results from absolutely applicable legal provisions (including the Act of July 18, 2002 on the provision of electronic services). The Customer is also obliged to comply with personal data protection regulations when using Lead Agent AI, including processing and sending contact details only to persons/entities towards whom they have a legal basis for marketing communication. Trafficwatchdog is not liable for e-mail dispatch carried out by the Customer using Lead Agent AI or for the Customer's violation of any regulations in connection with this activity. In the event of any claims, demands, or penalties directed against Trafficwatchdog related to the Customer's actions when using Lead Agent AI, the provisions of §11 paragraphs 1–2 of the Terms apply (the Customer will be obliged, in particular, to indemnify Trafficwatchdog and cover any potential penalties, costs, or damages).

12. Proprietary Rights, Trademark Protection, and Advertising

  1. The Service, which includes but is not limited to the Software and all intellectual property rights to the Service, Software, Reports, and Documentation, is and will remain the property of Trafficwatchdog. Any rights not expressly granted to the Customer in the Agreement are expressly reserved and retained by Trafficwatchdog without limitations.
  2. The Customer will authorize Trafficwatchdog to use marks including trademarks, service marks, and other distinctive signs individualizing the Customer ("Marks") for Trafficwatchdog's use in advertising materials, information materials, and publications referring to the cooperation of the parties, under the conditions set out in this section.
  3. The Customer grants Trafficwatchdog a non-exclusive, non-transferable, and limited license to use the proprietary copyrights to the Marks, and Trafficwatchdog acquires this license.
  4. The granting of the license is free of charge.
  5. Trafficwatchdog is entitled to use the Marks on the Trafficwatchdog Website, including on the homepage and in tabs containing information about entities cooperating with Trafficwatchdog, as well as in advertising and information materials.
  6. Trafficwatchdog is obliged to use the Marks in a manner consistent with the specifications, standards, and guidelines of the Customer and in accordance with universally applicable provisions of Polish law and good practices.
  7. The Customer may revoke the license at any time by informing Trafficwatchdog of the above in writing.
  8. The Customer commits to:
    1. not using trademarks, trade names, service marks, logos, domain names, and other distinctive brand features or any copyrights or other rights related to the Service for any purpose without explicit consent from Trafficwatchdog;
    2. not registering, attempting to register, or assisting a third party in registering any trademark, trade name, Trafficwatchdog Website marks, logos, domain names, and other distinctive brand features, copyrights, or other proprietary rights associated with Trafficwatchdog;
    3. not removing, obscuring, or altering any copyright notice, trademark, or other proprietary right appearing in the Service or in connection with the Service.

13. Trafficwatchdog Remuneration

  1. For the provided Services, Trafficwatchdog is entitled to remuneration in the amount of the Subscription Fee specified each time and resulting from the Subscription Plan or individual arrangements with the Customer.
  2. Detailed information about the amounts of Subscription Fees and parameters of individual Subscription Plans is located in the Pricing available on the Trafficwatchdog Website, or individually agreed prices with the User apply.
  3. Subscription Fees are paid for subsequent Subscription Periods based on the invoice sent by Trafficwatchdog.
  4. The User may apply to Trafficwatchdog to change the Subscription Plan through individual arrangements.
  5. Invoices will be issued and made available through the National e-Invoicing System (KSeF), in accordance with applicable law.

14. Complaints

  1. The User has the right to submit complaints regarding the Services.
  2. Complaints can be submitted by post to the address: Spark DigitUP Sp. z o.o., Plac Wolnica 13 lok. 10, 31-060 Kraków or via email to the address: kontakt@trafficwatchdog.pl, with the note: "Complaint".
  3. The complaint should include:
    1. name and surname or full name of the person submitting the complaint and the Login,
    2. mailing address (for complaints submitted by post) and email address (for complaints submitted via email),
    3. a detailed description of the event constituting the basis of the notification,
    4. indication of the demands of the person submitting the complaint.
  4. Complaints can be submitted within 60 (sixty) days from the date of the event constituting the basis for the complaint notification. Meeting the deadline for a complaint submitted by post is determined by the date of the postmark on the envelope containing the complaint letter, and in the case of a complaint submitted by e-mail – the date the complaint is sent via e-mail.
  5. Complaints submitted by post or sent via email within the period indicated in paragraph 4 above, containing the data and information indicated in paragraph 3 above, are subject to review.
  6. Trafficwatchdog, upon receiving the complaint, will respond to it within 14 (fourteen) days from the date the complaint is delivered. After the complaint procedure is exhausted, the User has the right to pursue unacknowledged claims in a common court with territorial jurisdiction according to the provisions of the Code of Civil Procedure.
  7. Trafficwatchdog is responsible for the course of the complaint procedure.

15. Changes to the Terms

  1. The Terms enter into force on the day of their publication on the Trafficwatchdog Website.
  2. Trafficwatchdog reserves the right to amend the Terms in the event of, among others, one of the following important reasons:
    1. a change in legal regulations governing the provision of Services affecting the mutual rights and obligations specified in the Agreement or a change in the interpretation of the above legal regulations due to court rulings, decisions, recommendations, or guidelines of offices or authorities competent in a given area,
    2. a change in the manner of providing Services caused by technical or technological reasons,
    3. a change in the scope or method of providing Services through the introduction of new or withdrawal of existing Services.
  3. In the event of a change in the content of the Terms, the User has the right to terminate the Agreement within 14 days from the date of being notified of the change in the Terms. In this case, the Agreement terminates after the 1-month notice period, provided that during this period the User is bound by the existing provisions of the Terms.
  4. If changes are made to the Terms, Trafficwatchdog will make the consolidated text of the Terms available by publishing it on the Trafficwatchdog Website, and will also notify the User of the change via email to the email address provided in the Account.

16. Final Provisions

  1. The law applicable to the Agreement is Polish law, and the competent courts are common courts in the Republic of Poland, unless strictly mandatory provisions of law stipulate otherwise. Any disputes between Trafficwatchdog and the User shall be submitted for resolution to the common court with territorial jurisdiction over Trafficwatchdog's registered office.
  2. Trafficwatchdog may modify the technical manner of implementing the Services, particularly for technological reasons (development of browsers and technology), but without deteriorating its quality, and also without affecting the scope of the User's and Trafficwatchdog's rights and obligations.

17. Downloads and Attachments

TrafficWatchdog.pl - Terms of Service

PDF Open in browser Download PDF Download file directly

Have doubts about the terms of service?

Contact customer support.

CONTACT US
TrafficWatchdog protection

Free trial

2-week free test of the selected website - up to 10,000 clicks

TrafficWatchdog