The following capitalized phrases are used in the following section of the Regulations and are to be understood in the sense given below, unless the context of their use, clearly indicates otherwise.

1. constitute the rules and regulations referred to in Article 8(1)(1) of the Act of July 18, 2002 on the provision of electronic services and specify:

   1. types and scope of Services provided electronically;

   2. terms and conditions for the provision of Services by electronic means, including:

      1. technical requirements necessary for cooperation with the information and communication system used by TrafficWatchdog,

      2. prohibition of providing unlawful content by Users,

   3. the rules of use of the TrafficWatchdog Website and the Services offered by TrafficWatchdog,

   4. rights and obligations of TrafficWatchdog and Users,

   5. terms and conditions for the conclusion and termination of the Agreement for the provision of Services by electronic means,

   6. rules on the protection and processing of personal data of Users and Customer Users,

   7. complaint procedure.

2. are freely available to the User at any time at the following address: URL: https://trafficwatchdog.pl/en/docs/terms-of-service along with the possibility of its acquisition, reproduction and recording of its content by means of the information and communication system used by the User.

3. The User declares that he/she is an entrepreneur within the meaning of Article 43[1] of the Civil Code of April 23, 1964 and will use the Services in the course of his/her business or professional activity.

4. The use of the TrafficWatchdog Website and the Services requires that the terminal device and the ICT system used by the User meet the minimum Technical Requirements.

5. Access to some of the paid Services is possible after creating an Account within the TrafficWatchdog Website, as well as after fulfilling other conditions indicated in the Terms and Conditions, including the selection and payment of the Subscription Plan selected by the Customer.

6. TrafficWatchdog reserves the right to restrict access to selected Services offered through the TrafficWatchdog Website in cases specified in the Terms and Conditions.

7. TrafficWatchdog support personnel may, with your consent, log into your Customer Account or Demo Account for the purpose of maintaining or improving the Service, including providing assistance with technical or billing issues. User hereby acknowledges and consents to such access.

8. TrafficWatchdog shall ensure the operation of an information and communication system that allows the Customer to use the Services in a manner that prevents unauthorized access to the content of the message comprising the Service, in particular using cryptographic techniques appropriate to the characteristics of the Service provided, and allows unambiguous identification of the parties to the Service provided electronically. In the event of planned interruptions, upgrades, or in other similar cases, TrafficWatchdog may notify the User by means of the e-mail address provided to the User or in the form of a message on the website within the TrafficWatchdog Website.

1. Under the terms of the Regulations, TrafficWatchdog provides the following Services to Users:

   1. enable Users to create and use a Customer Account or Demo Account,

   2. provision of Detection Code to collect and send Visit Data during a session on the Customer Site,

   3. using the Software to give a rating to visits to the Customer Site,

   4. presentation of processed and analyzed data from the Client's Site in the Client's Account,

   5. viewing, generating and downloading Reports,

   6. optimization of ongoing marketing activities in terms of protection against marketing abuse.

   7. providing the Chat Widget and enabling communication in the Chat Window with Users visiting the Customer's Website.

   8. access to a chronological record of conversations.

   9. access to the record of messages sent by the User and responses provided by the AI System or a Customer representative.

   10. technical support for resolving issues, answering questions, and providing necessary information.

2. In order to use the Services, the User is required to register.

3. The contract for the provision of Services by electronic means is concluded when the User accepts the content of the Regulations.

4. TrafficWatchdog provides Services pursuant to a concluded Agreement for the provision of Services by electronic means:

   1. with regard to the Services of creating and using a Customer Account or Demo Account - from the moment the User registers,

   2. with regard to the Services specified in § 3.1.b.-f. Regulations - within 3 working days from the date of crediting the User's payment for the invoice issued by TrafficWatchdog based on the Subscription Plan and Subscription Period selected by the User.

5. TrafficWatchdog may also begin providing a selected Service to the Customer on an individual basis with the Customer.

6. For the TrafficWatchdog Services provided, remuneration is due in the amount of the Subscription Fee each time specified and resulting from the Subscription Plan.

1. The creation of a Customer Account or Demo Account is made through Registration. In order to complete the Registration, the User is obliged to fill in the registration form provided within the TrafficWatchdog Website in accordance with the rules indicated below and send the completed registration form electronically to TrafficWatchdog.

2. The User in the registration form is obliged to provide data marked as mandatory. In the registration form, the User also has the option to provide non-mandatory data or to give non-mandatory consents for the processing of his/her personal data in accordance with the formulas provided in the registration form.

3. As a condition for Registration and further use of the TrafficWatchdog Website and access to the Services, the User must accept the content of the Terms and Conditions. Acceptance of the Terms and Conditions is tantamount to the conclusion of the Agreement without the need to conclude any separate agreement in this regard.

4. TrafficWatchdog also allows the possibility of establishing cooperation with the User by concluding a separate agreement for the provision of Services, including in writing. In this case, the Terms and Conditions will be an integral part of the agreement, unless the parties agree otherwise.

5. Registration is conditional on TrafficWatchdog activating the Account and granting the User access to the Account. After the User submits the Registration form, TrafficWatchdog shall send the User a feedback message to the email address provided by the User with information on how to complete the activation and grant the User access to the Customer Account or Demo Account.

6. After a properly executed and activated Registration, the User gains access to the Customer Account or Demo Account by logging in to the TrafficWatchdog Website using the Login and Password.

7. The Customer or Potential Customer has the opportunity after logging into the Account to edit their data and voluntarily add additional information.

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, in particular to the extent that it is necessary for the proper provision of the Services.

   3. maintain the confidentiality of the Login and Password.

1. The services specified in § 3 section 1 letters b.-f. Regulations TrafficWatchdog provides to Users who have completed Registration. TrafficWatchdog provides these Services through the TrafficWatchdog Website and with the use of Detection Code and Software.

2. After a properly executed and activated Registration, the User within the Account has the opportunity to select - or if it has been established 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 § 3.1.b.-f. above is always defined and each time results from the Subscription Plan and Subscription Period selected by the User.

3. The launch of the Services and the User's access to the Services referred to in § 3.1.b.-f. of the Regulations takes place after:

   1. User's confirmation of the Subscription Plan and Subscription Period by individual arrangement - or User's selection in the Customer Account of the Subscription Plan and Subscription Period,

   2. payment by the User of the Subscription Fee in accordance with the selected Subscription Plan and Subscription Period,

   3. implementation of the Detection Code in the Customer Site.

4. In case of technical problems with the placement of the Detection Code, the Customer may at any time contact TrafficWatchdog for technical assistance via e-mail kontakt@trafficwatchdog.pl or the ticket form available on the TrafficWatchdog Website.

5. After the User selects a Subscription Period, TrafficWatchdog shall, within 30 days from the date the User selects a Subscription Plan, make available to the User in the Account or send to the User's email address an invoice for the Services provided. From the moment TrafficWatchdog records the User's payment of this invoice, TrafficWatchdog will begin providing the selected Service to the Customer within 3 business days.

6. Failure to pay the Subscription Fee within the period specified in the Subscription Fee invoice made available to the User may result in automatic blocking of access to the Account. Payment of the Subscription Fee by the User within 14 days from the date of blocking the access to the Account will result in unblocking the access. The ineffective lapse of the 14-day period counted from the date of blocking access to the Account will result in possible deletion of the Account and termination of the Agreement. The date of payment shall be the date on which the amount paid is credited to TrafficWatchdog's bank account.

1. The contract is concluded for an indefinite period.

2. Either party may terminate the contract with one month's notice.

3. The end of a Subscription Period or a User's request to delete the Account does not terminate the contract. If the User requests the deletion of the Account, this request is treated as a notice of termination of the contract with the notice period specified in paragraph 2, unless otherwise explicitly stated 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 specified in the Regulations.

5. TrafficWatchdog may unilaterally terminate the contract with immediate effect if the User:

   1. violates the provisions of the Regulations,

   2. uses the Service, Software, Detection Code, or Chat Widget in a way that may threaten the interests of TrafficWatchdog or third parties, including other Users,

   3. violates fair business practices, particularly by non-compliance with the law,

   4. violates generally applicable IT security principles by failing to adequately protect their equipment from external attacks,

   5. uses the Services in a manner that may disrupt the proper functioning of the TrafficWatchdog Website, Services, Software, Detection Code, or Chat Widget,

   6. distributes computer viruses or malware,

   7. attempts to or modifies the parameters of the Software or Detection Code.

6. The contract may be concluded for a fixed term in the case of individual arrangements between the parties or if TrafficWatchdog makes such an option available and the User selects it in the Account (e.g., a test package). In such a case, the contract expires upon the lapse of the period for which it was concluded.

7. Any outstanding balance becomes immediately due and payable upon termination or expiration of the contract for any reason, and any costs of debt recovery, including collection (including legal fees) incurred by TrafficWatchdog, will be included in the amount due.

8. Upon termination or expiration of the contract, TrafficWatchdog will cease providing the Services, and the User will remove all copies of the Detection Code, Chat Widget, and Software from the Customer's Website code and confirm this in writing or by email to TrafficWatchdog within 3 (three) days of the termination or expiration of the contract. If the Detection Code or Chat Widget is not removed from the Customer's Website, TrafficWatchdog is entitled to charge a fee resulting from the continued performance of the contract.

9. In the event of termination or expiration of the contract:

   1. The User will not be entitled to a refund of fees or any other charges,

   2. All data from historical reports will no longer be available to the User, unless the contract provides otherwise.

1. TrafficWatchdog reserves the right to modify the technical method of providing Services, in accordance with the scope and conditions resulting from its rights, as well as in accordance with its technical capabilities.

2. In order to ensure the security of message transmission and in connection with the provided Services, TrafficWatchdog takes technical and organizational measures appropriate to the level of security risk of the provided Services.

3. When providing the Service to the User, TrafficWatchdog does not guarantee the retrieval and saving of all information that was intended to be saved for each visit or conversation from the Customer's Website.

4. TrafficWatchdog is not responsible for preventing or limiting the Customer's use of the Software due to any technical circumstances beyond TrafficWatchdog's control or whose resolution requires the cooperation of third parties.

5. The User is obliged, in particular, to:

   1. use the Services offered by TrafficWatchdog in a manner consistent with applicable law, the provisions of the Regulations, as well as with accepted customs and principles of social coexistence, including in a manner that is not burdensome to other Users and TrafficWatchdog, and does not disrupt the work of TrafficWatchdog or the TrafficWatchdog Website,

   2. timely payment of invoices and other fees and costs agreed upon by the User and TrafficWatchdog,

   3. not delivering or transmitting within the TrafficWatchdog Website any content prohibited by applicable law, in particular content that infringes the proprietary copyrights or personal rights of third parties,

   4. not undertaking actions such as:

      1. posting on the TrafficWatchdog Website any content that violates the law (prohibition of posting illegal content),

      2. undertaking IT or any other actions aimed at obtaining information not intended for the User, including data of other Users,

      3. unauthorized modification of content provided by TrafficWatchdog, in particular 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 the right or the principles of social coexistence.

6. TrafficWatchdog does not bear any responsibility for the infringement of third-party rights or 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 used by them) using data collected by the User in connection with the provided Services.

7. The User is obliged to immediately notify TrafficWatchdog of any infringement of their rights in connection with their use of the TrafficWatchdog Website, as well as any infringement of the rules specified in the Regulations.

8. TrafficWatchdog may deprive the User of the right to use the TrafficWatchdog Website, as well as limit 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 of the Regulations by the User, and in particular when the User:

   1. provided false, inaccurate, or outdated data on the TrafficWatchdog Website, which is misleading or infringes the rights of third parties,

   2. committed a violation of personal rights through the TrafficWatchdog Website, in particular the personal rights of other Users,

   3. committed other conduct that is inconsistent with the Regulations or that TrafficWatchdog considers reprehensible, inconsistent with applicable law or general principles of Internet use, contrary to the purposes of creating the TrafficWatchdog Website, or damaging the good name of TrafficWatchdog.

9. A person who has been deprived of the right to use the TrafficWatchdog Website cannot re-register 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 the deletion of the Account, the User waives further use of all Services paid for on the TrafficWatchdog Website. The User's request to delete the Account is treated as a statement of termination of the Contract in the manner specified in § 6 para. 3 of the Regulations, unless otherwise explicitly stated in the Customer's statements or instructions.

1. Under the Agreement, TrafficWatchdog grants the Client a limited, revocable, non-exclusive, non-sublicensable license to install and use the Detection Code, Chat Widget, Software, and Reports or Documentation – solely for the purpose of using the Service for one or more Client Websites in accordance with the selected Subscription Plan. Subject to the terms of the Subscription Plan or separate agreements between the Client and TrafficWatchdog in this regard, the Client may, if applicable, remotely access, view, and download Reports stored on the TrafficWatchdog Website. The Client's license, use, and access to the Service are conditioned upon the Client's compliance with the terms and provisions of the Regulations. The Client shall not:

   1. permit any third party to access, copy, modify, adapt, translate, or otherwise create derivative works of the Software, Detection Code, Chat Widget, Reports, or Documentation;

   2. reverse engineer, decompile, or otherwise attempt to discover the source code of the Software, Detection Code, or Chat Widget;

   3. rent, lease, sell, assign, or otherwise transfer rights to the TrafficWatchdog Website, Service, Detection Code, Chat Widget, Software, Documentation, and Reports;

   4. remove any proprietary notices or labels on the Software, contained in the Detection Code, Chat Widget, or Documentation;

   5. use, send, transmit, or introduce any devices or software, or take actions that disrupt or attempt to disrupt the operation of the TrafficWatchdog Website, Service, Detection Code, Chat Widget, or Software;

   6. use the Service to develop, create, or allow others to develop or create a product or service similar to or competitive with the Service;

   7. send any virus, Trojan horse, or other malicious or harmful code or attachment;

   8. use robots, crawlers, and similar applications to collect, gather, or compile content from or through the Service;

   9. use the TrafficWatchdog Website, Software, Detection Code, or Chat Widget in any activity that constitutes a violation of applicable law.

2. The Client shall use the TrafficWatchdog Website, Service, Detection Code, Chat Widget, Software, Documentation, and Reports solely for its own internal use and shall not make them available for use by other entities, unless expressly agreed to by TrafficWatchdog.

3. The User shall comply with all applicable laws and regulations regarding the use of the TrafficWatchdog Website, Service, Detection Code, Chat Widget, Software, Documentation, and Reports.

4. TrafficWatchdog may revoke the license at any time by notifying the Client in writing or electronically.

5. This license terminates immediately if the Client fails to comply with any of the provisions or terms of the Regulations. Upon such termination, the Client agrees to remove and destroy all originals and copies of the Detection Code, Chat Widget, or Documentation in the Client's possession, and then confirm this in writing or by email and deliver such confirmation to TrafficWatchdog within three (3) business days of the license termination. In such a case, the User also agrees to cease further use of the Service without the express consent of TrafficWatchdog.

6. The license is granted for the duration of the Agreement. Termination of the Agreement, its termination without notice, or the cessation of legal existence in any other way is equivalent to the termination of the license, which ceases at the latest on the day the legal existence of the Agreement ceases. The notice periods for the license are identical to the notice periods for the Agreement.

1. Confidential information includes all proprietary data and any other information disclosed by one party to the other in any form, including those marked as "confidential". For the avoidance of doubt, confidential information includes, among other things, the Software, Documentation, Detection Code or Chat Widget, Reports, Login, Password, and any Client User data.

2. Confidential information does not include information that is already publicly available or that is already in the possession of the receiving party with the consent of the disclosing party, acquired and developed before disclosure and without the use of confidential information.

3. Without prejudice to any other provisions of the Regulations in this regard, neither party shall use or disclose the other party's confidential information without the prior written consent of the other party, except to perform its obligations under the Agreement or if required by generally applicable laws, the Regulations, a legitimate request from supervisory authorities, or a court order. In such a case, the party compelled to disclose confidential information shall provide the other party with notification to the extent practically possible before disclosing such information.

4. Upon termination or expiration of the Agreement, the parties shall promptly return or destroy all confidential information and any media containing such information, and, upon request from the other party, provide a written record of the return or destruction.

5. The Client 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, Account, Detection Code, Chat Widget, Documentation, or Reports resulting from the actions of third parties using the Password or Login. The User agrees to immediately notify TrafficWatchdog of any unauthorized use of the Account or any other known security breach.

6. The obligation of confidentiality shall remain in effect during the term of the Agreement, and for a period of 5 years after its termination or expiration.

1. TrafficWatchdog is the data controller of Users' personal data and the personal data of their employees or other individuals used by the User (“User Data”), and processes this personal data in accordance with the principles set out in the Privacy Policy available here: https://trafficwatchdog.pl/en/docs/privacy-policy. The User hereby declares that they have read and accept 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 law 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 of 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 that the User places personal data of their employees or other individuals used by the User in the Account or elsewhere on the TrafficWatchdog Website, the User is obliged to inform these data subjects of this fact and to familiarize them with the Privacy Policy referred to in paragraph 1 of this section, and to obtain written declarations from these individuals acknowledging that they have read the Privacy Policy, and to submit the signed declarations of the data subjects at any request from TrafficWatchdog within no more than 3 days from the date of such request.

2. The Client may grant TrafficWatchdog access to the Account on the target advertising platform for the purpose of providing the Service. To achieve this, the Client provides the required account information on the Client's advertising platform.

3. The Client declares that they are the data controller or a data processor acting on behalf of the data controller of the Client Users' personal data. The Client declares that they collect and process this personal data in accordance with generally applicable laws.

4. The Client authorizes TrafficWatchdog as a Processor to process the personal data of Users on their behalf in connection with the provision of Services.

5. In any case, the Client declares that they are authorized to entrust or further entrust the personal data of Client Users to third parties.

6. The Client declares that, in the course of operating the Client Website, they comply with applicable regulations regarding the collection of information from Client Users, including informing Client Users about the scope of data collected and processed by TrafficWatchdog, and, if required by law, obtaining appropriate consents from Client Users for the collection and processing of data by TrafficWatchdog.

7. In connection with the provision of Services, TrafficWatchdog will process the personal data of Client Users. The Client, as the data controller of Client Users' personal data and Visit Data, declares and ensures that they, on their own behalf and at their own expense, fulfill all obligations imposed on the data controller by applicable regulations towards these data subjects, including in particular the proper fulfillment of the information obligation, obtaining all necessary and legally required consents from Client Users for the processing of their personal data, including in connection with the User's use of the Services, Software, Detection Code, and Chat Widget. TrafficWatchdog is not responsible for the Client'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 appropriate legal basis for the processing of personal data of data subjects processed in connection with the provided Service.

8. The provisions of the Regulations constitute a contract or other legal instrument binding the data processor and the data 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 Client entrusts TrafficWatchdog, as a data processor, with the processing of personal data and visit data of Client Users in the following scope: IP address, cookies, basic information about the computer device used to access the Client Website, identifier assigned to the device from which visits are generated, end device parameters, operating system parameters, browser parameters, general geographic location of the visit, the way a potential Client User interacts with the Client Website and activity data on the Client Website, time spent on the Website, HTTP header parameters, marketing campaign parameters, data on visited websites, URLs of visited pages, date and time of the visit, and, in the case of using the Chat Widget, contact details provided by the User during the conversation: name, surname, email, phone number, social media account data.

9. The entrusted personal data will be processed by TrafficWatchdog for the proper performance of the Agreement, i.e., for the proper provision of Services.

10. TrafficWatchdog may entrust the processing of entrusted personal data to another person or entity (“Further Processor”), to which the Client hereby gives general consent. If TrafficWatchdog uses the services of a Further Processor to perform specific processing activities on behalf of TrafficWatchdog, the Further Processor is subject to the same obligations and level of data protection as in the Agreement. If the Further Processor fails to fulfill their data protection obligations, TrafficWatchdog is responsible to the Client for fulfilling the Further Processor’s obligations.

11. TrafficWatchdog undertakes to comply with generally applicable legal provisions regarding personal data protection during their term of validity and to implement them before commencing the processing of entrusted personal data, and then to apply them throughout the term of the Agreement.

12. TrafficWatchdog undertakes to process the entrusted personal data only on documented instructions from the Client, which also applies to the transfer of personal data to third countries, i.e., outside the European Economic Area, or to an international organization – unless such an obligation is imposed on it by European Union law or the law of the Member State to which TrafficWatchdog is subject. In such a case, TrafficWatchdog informs the Client of this legal obligation before commencing processing, unless that law prohibits the provision of such information. Documented instructions include the provisions of the Regulations, instructions transmitted electronically or in writing, and the obligations of TrafficWatchdog arising from the Agreement.

13. TrafficWatchdog ensures that persons authorized to process personal data entrusted by the Client have committed to maintaining confidentiality or are subject to an appropriate statutory obligation of confidentiality.

14. TrafficWatchdog is authorized to authorize persons acting on its behalf, including Further Processors, to process the entrusted personal data on behalf of the Client, including issuing instructions to these entities on behalf of the Client regarding the processing of the entrusted personal data, within the limits of the instructions issued by the Client.

15. TrafficWatchdog ensures that persons who will process the entrusted data on its behalf have been adequately trained in the field of personal data protection.

16. 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 violation of the rights or freedoms of natural persons with varying probabilities of occurrence and severity of the threat, TrafficWatchdog implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk assessed in accordance with point 13 above, including, where appropriate: (i) pseudonymization and encryption of personal data, (ii) the ability to continuously ensure the confidentiality, integrity, availability, and resilience of processing systems and services, (iii) the ability to quickly restore the availability of personal data and access to it in the event of a physical or technical incident, and (iv) regular testing, measuring, and evaluating the effectiveness of technical and organizational measures to ensure the security of processing.

17. TrafficWatchdog assists the Client, through appropriate technical and organizational measures, in fulfilling the obligation to respond to requests from data subjects regarding the exercise of their rights under Chapter III of the GDPR, and in particular requests regarding being informed, access to data, rectification of data, erasure of data, restriction of processing, data portability, objection, and requests related to automated decision-making and profiling. Within the scope of the obligation referred to in the preceding sentence:

    1. TrafficWatchdog undertakes to immediately notify the Client of any received notification or request from a data subject – but no later than within 72 hours of receiving such notification or request;

    2. TrafficWatchdog provides the Client with all the information necessary to fulfill the request of the data subject within 3 working days from the date of the Client's request for information;

    3. TrafficWatchdog does not provide data subjects with responses to their submitted requests.

18. TrafficWatchdog assists the Client in fulfilling the obligations specified in Articles 32–36 of the GDPR, including in particular:

    1. regarding the notification of personal data breaches;

    2. regarding the implementation of adequate technical and organizational measures, appropriate to the identified risks related to the processing of entrusted personal data;

    3. regarding the Client's performance of data protection impact assessments and consultations with the supervisory authority in connection with such assessments.

19. TrafficWatchdog maintains a register of categories of processing activities in accordance with Article 30(2) of the GDPR. TrafficWatchdog provides the register referred to above at the request of the supervisory authority and cooperates with the supervisory authority in the performance of its tasks.

20. The entrusted personal data is processed by TrafficWatchdog from the moment of implementation of the Software, Detection Code, or Chat Widget on the Client Website. Subject to paragraphs 22 and 23 of this section, after the termination of the provision of Services and the termination or expiration of the Agreement, depending on the Client's decision, TrafficWatchdog deletes or returns all personal data within 14 days and deletes all existing copies thereof, unless Union or Member State law requires the storage of personal data.

21. TrafficWatchdog has the right to retain data to the extent necessary to establish, assert, and defend claims, thereby becoming a separate data controller in this regard.

22. The provisions of this paragraph do not affect TrafficWatchdog's right to retain and use data resulting from or derived from the provided Service for the purpose of conducting research, statistics, and analyses, improving the Software and Services, and offering general analytical information to Clients, Potential Clients, and third parties, provided that this data is aggregated and does not allow for the identification of Client Users.

23. TrafficWatchdog cooperates with supervisory authorities and controlling institutions and the Client upon request.

24. TrafficWatchdog provides the Client with all the information necessary to demonstrate compliance with the obligations specified in this paragraph and the GDPR within 14 days of the Client's request in this regard, and allows the Client or an auditor authorized by the Client to conduct audits, including inspections.

25. The Client has the right to direct inquiries to TrafficWatchdog regarding the correctness of TrafficWatchdog's performance of obligations related to the security of the personal data entrusted to it.

26. The Client or an auditor authorized by the Client will exercise the right of audit on Mondays to Fridays between 9:00 AM and 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 Client.

27. The Client will conduct the audit with respect for TrafficWatchdog's trade secrets.

28. After conducting the audit, the Client may provide TrafficWatchdog with post-audit recommendations in writing. TrafficWatchdog will be obliged to implement them within a deadline specified by the Client, but not shorter than 30 days.

29. Upon detecting a breach of the protection of entrusted personal data, TrafficWatchdog shall, without undue delay, but no later than within 72 hours of receiving information about the occurrence of the event, report it to the Client. This report shall include:

    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 by the breach;

    2. the name and contact details of the data protection officer or other contact point from which more information can be obtained;

    3. the possible consequences of the personal data breach;

    4. the measures taken or proposed to address the personal data breach, including measures to minimize its possible negative effects.

30. TrafficWatchdog undertakes to inform the Client, immediately upon becoming aware of information, but no later than within 7 days, about any proceedings, in particular administrative or judicial, concerning the processing of entrusted personal data. TrafficWatchdog also informs the Client about all administrative decisions or judgments concerning the processing of entrusted data addressed to TrafficWatchdog, as well as about all planned – if TrafficWatchdog is aware of them – or ongoing controls and inspections concerning the processing of entrusted personal data at TrafficWatchdog.

31. To the extent resulting from this paragraph, TrafficWatchdog, as the processor of entrusted personal data, is liable to the Client, as the controller of the entrusted personal data, for non-performance or improper performance of the Agreement or for any other legal grounds and bases for its pursuit, in accordance with the principles set out in the GDPR – provided that in the above scope, TrafficWatchdog's liability is limited to the Client's damages resulting solely from actions of intentional fault of TrafficWatchdog and, regardless of the legal basis for its pursuit and from all legal grounds combined, is limited to an amount constituting 100% (one hundred percent) of the total amount that was actually paid by the Client to TrafficWatchdog as remuneration due under the Agreement in the last 12 (twelve) months.

1. In the event that third parties or state authorities bring claims against TrafficWatchdog arising from:

   1. the Client's breach of any provision or condition of the Agreement,

   2. the Client's use of the Service,

   3. the Client's violation of applicable laws in connection with the Service - TrafficWatchdog shall immediately notify the Client of such claims or proceedings, and the Client undertakes to take, at its own expense, all legal steps necessary to provide TrafficWatchdog with adequate protection against such claims by providing TrafficWatchdog with all documents and information in the Client's possession necessary to demonstrate the groundlessness of the claim. In the event of a court dispute, the Client undertakes to enter the proceedings in place of or alongside TrafficWatchdog, if legally possible; in the event of a court dispute or administrative proceeding that may result in TrafficWatchdog being required 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. In the event that competent authorities impose legally binding financial penalties on TrafficWatchdog or courts award claims from third parties, including Client Users, when the imposition of such a penalty or the award of a claim results from:

   1. the Client's breach of any provision or condition of the Agreement,

   2. the Client's use of the Service,

   3. the Client's violation of applicable laws in connection with the Service - the Client shall pay TrafficWatchdog the full amount of financial penalties or the full amount of third-party claims, including Client Users, resulting from legally binding court judgments or decisions of competent authorities imposing or awarding such penalties or claims from TrafficWatchdog, within 7 days from the date of presentation of a documented demand for payment by TrafficWatchdog, together with court or authority-awarded costs of proceedings related to the pursued claim.

3. TrafficWatchdog is not liable for any damages incurred by the User, Client User, or third parties resulting directly or indirectly from:

   1. unauthorized access to the Account or unauthorized changes to Client data or data from the Client Website,

   2. use of the TrafficWatchdog Website, Service, Software, Detection Code, or Chat Widget contrary to their intended purpose or the provisions of the Agreement.

4. TrafficWatchdog is not liable for warranty claims for defects in the effects of the Services or TrafficWatchdog's work performed as part of the Services.

5. TrafficWatchdog is not liable for lost profits.

6. The total liability of TrafficWatchdog, regardless of the legal basis for its pursuit and from all legal grounds combined, is limited to PLN 1,000 (one thousand zlotys), unless the Agreement provides otherwise.

7. The Services, Software, Detection Code, and Chat Widget are provided to the User in a state ready for implementation. To the maximum extent permitted by applicable law, TrafficWatchdog is not liable for errors and damages caused by the User's fault, resulting from improper implementation of the provided Software, Detection Code, or Chat Widget.

8. TrafficWatchdog makes every effort to ensure that the Service operates 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, error-free, or failure-free. If TrafficWatchdog receives notification of any failure or malfunction, or if it becomes aware of such on its own, 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 terms of the Agreement.

9. TrafficWatchdog makes every effort to ensure that the Service identifies Click and Lead abuse. However, TrafficWatchdog does not guarantee that the Service will detect or prevent all types or all instances of Click or Lead abuse. Information contained or available within the Service, including Reports, may contain inaccuracies or errors.

10. TrafficWatchdog may introduce improvements or changes to the TrafficWatchdog Website, Service, Software, Detection Code, or Chat Widget at any time. If TrafficWatchdog expands the Service with new or additional features or capabilities, it reserves the right to change the terms of the Service.

11. TrafficWatchdog does not guarantee that the Service will operate at all times or during any downtime:

    1. caused by outages of public networks, networks, or servers,

    2. caused by failures of the Client's equipment, systems, or local access services;

    3. in the case of previously scheduled maintenance or repair work;

    4. caused by force majeure events such as strikes, riots, uprisings, fires, floods, explosions, war, epidemics, pandemics, government actions, working conditions, earthquakes, natural disasters, or interruptions in internet services in the area where TrafficWatchdog servers or Client servers are located.

1. The Service, which includes, among other things, the Detection Code, Chat Widget, Software, and all intellectual property rights to the Service, Detection Code, Chat Widget, and Software, is and shall remain the property of TrafficWatchdog. All rights not expressly granted to the Client in the Agreement are expressly reserved and retained by TrafficWatchdog without limitation.

2. The Client authorizes TrafficWatchdog to use marks, including trademarks, service marks, and other identifying designations of the Client ("Marks"), for use by TrafficWatchdog in advertising materials, information, and publications referring to the cooperation of the parties, under the terms specified in this paragraph.

3. The Client grants TrafficWatchdog a non-exclusive, non-transferable, and limited license to use the copyrights to the Marks, and TrafficWatchdog acquires this license.

4. The license is granted free of charge.

5. The license is granted within the territory of the Republic of Poland and on the Internet, and in this respect, TrafficWatchdog is authorized to use the Marks on the TrafficWatchdog Website, including on the homepage and in tabs containing information about entities cooperating with TrafficWatchdog, and in advertising and informational materials.

6. TrafficWatchdog is obliged to use the Marks in a manner consistent with the Client's specifications, standards, and guidelines, and in accordance with generally applicable Polish law and good customs.

7. The Client may revoke the license at any time by informing TrafficWatchdog of this in writing.

8. The Client undertakes:

   1. not to use 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 the express consent of TrafficWatchdog;

   2. not to register, attempt to register, or assist a third party in registering any trademark, trade name, TrafficWatchdog Website marks, logos, domain names, and other distinctive brand features, copyrights, or other intellectual property rights related to TrafficWatchdog;

   3. not to remove, obscure, or alter any copyright, trademark, or other proprietary rights notices appearing in or in connection with the Service.

1. For the Services provided, TrafficWatchdog is entitled to remuneration in the amount of the Subscription Fee, as determined and resulting from the Subscription Plan each time.

2. Detailed information about the Subscription Fees and the parameters of individual Subscription Plans can be found in the Price List posted on the TrafficWatchdog Website or individually agreed prices with the User apply.

3. Subscription Fees are paid in advance for subsequent Subscription Periods based on an invoice sent by TrafficWatchdog.

4. The User may, through individual arrangements, request TrafficWatchdog to change the Subscription Plan.

1. The User has the right to file complaints regarding the Services.

2. Complaints can be submitted by mail to: Spark DigitUP Sp. z o.o., Plac Wolnica 13 lok. 10, 31-060 Kraków, Poland, or by email to: kontakt@trafficwatchdog.pl, with the subject line: "Complaint".

3. The complaint should include:

   1. the first and last name or full name of the complainant and the Login,

   2. a mailing address (for complaints submitted by mail) and an email address (for complaints submitted via email),

   3. a detailed description of the event constituting the basis of the complaint,

   4. a statement of the complainant's demands.

4. Complaints can be submitted within 60 (sixty) days from the date of the event that is the basis of the complaint. For complaints submitted by mail, the date of the postal stamp on the envelope with the complaint letter determines the deadline, and for complaints submitted via email, the date the complaint was sent via email determines the deadline.

5. Complaints submitted by mail or sent via email within the deadline specified in paragraph 4 above, containing the data and information specified in paragraph 3 above, will be considered.

6. Upon receipt of the complaint, TrafficWatchdog will respond to it within 14 (fourteen) days from the date of delivery of the complaint. After exhausting the complaint procedure, the User has the right to pursue unresolved claims in a common court with jurisdiction according to the provisions of the Code of Civil Procedure.

7. TrafficWatchdog is responsible for the complaint handling process.

1. The Terms of Service come into effect on the date of their publication on the TrafficWatchdog Website.

2. TrafficWatchdog reserves the right to change the Terms of Service in the event of, among other things, one of the following important reasons:

   1. changes in legal regulations governing the provision of Services that affect the mutual rights and obligations specified in the Agreement, or changes in the interpretation of these legal regulations as a result of court rulings, decisions, recommendations, or guidelines of relevant offices or authorities,

   2. changes in the method of providing Services due to technical or technological reasons,

   3. changes in the scope or method of providing Services by introducing new or withdrawing existing Services.

3. In the event of changes to the content of the Terms of Service, the User has the right to terminate the Agreement within 14 days from the date of notification of the change to the Terms of Service. In this case, the Agreement is terminated after a 1-month notice period, during which the User is bound by the existing provisions of the Terms of Service.

4. In the event of changes to the Terms of Service, TrafficWatchdog will make the consolidated text of the Terms of Service available by publishing it on the TrafficWatchdog Website, and will also notify the User of the change by email to the email address provided in the Account.

1. The law applicable to the Agreement is Polish law, and the competent courts are common courts in the Republic of Poland, unless otherwise provided by mandatory provisions of law. Any disputes between TrafficWatchdog and the User shall be submitted to the common court in Częstochowa.

2. TrafficWatchdog may modify the technical method of providing the Services, particularly for technological reasons (development of browsers and technologies), but without degrading its quality, and without affecting the scope of the rights and obligations of the User and TrafficWatchdog.