GATE CONTROL STATION END USER LICENCE AGREEMENT (EULA) - GCS Android
This End User Licence Agreement shall be binding on the Parties as of the Effective Date and is concluded between GATE ENTERPRISE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA ul. Torowa 3H, 30-435, Krakow, Poland, National Court Register entry No. KRS 0000774854, Tax Id. No. (NIP) 6793095316, and the End User. The Licence Agreement may be concluded by individuals who have reached the age of majority under governing law, while individuals who have not reached the age of majority must secure consent of their legal guardian or their legal guardian shall conclude the Licence Agreement on their behalf.
The Licence Agreement should be thoroughly read prior to the first use of the Application. The Licence Agreement sets forth rules governing the use of the Application. If the End User installs or uses the Application, including in an amended version, this shall mean that they accept, and undertake to comply with, the Licence Agreement. If the End User does not accept the Licence Agreement, they should not install the Application or they should uninstall the Application installed and remove it from the Device. If the End User fails to accept the Licence Agreement, a reminder (about not having accepted the Licence Agreement) shall appear whenever the End User launches the Application.
The Licence Agreement shall not apply to any Third-Party Software.
For purposes of the Licence Agreement, the capitalised definitions below, whether in singular or plural, shall have the meaning as specified below:
2.1. The Licensor shall grant the End User, for an indefinite period (provided that the Agreement is not terminated at an earlier date, in compliance with terms and conditions specified in the EULA), without any territorial restrictions, a non-exclusive, non-transferable (subject to Section 14), non-commercial, personal licence to install and use the Application in one Device, in compliance with terms and conditions specified herein.
2.2. Under no circumstances may the End User use the Application or share it with any third parties for commercial purposes. In particular, it is forbidden to sell, transfer rights to (subject to Section 14) or use the Application for purposes other than the ones compliant with the EULA.
2.3. The Application is provided under licence rather than sold.
2.4. The licence shall apply to the following fields of use: download, installation, entering, display, launch, use and storage, in compliance with the Application’s intended use, exclusively for personal purposes. The Application’s exclusive purpose is to troubleshoot, configure and upgrade software of any devices (AEG replica control systems and MOSFETs) developed by the Licensor and purchased by the End User.
2.5. The End User does not acquire the right to exercise and dispose of derivative rights.
2.6. The End User shall use the Application in compliance with the Licence Agreement.
3. APPLICABILITY OF THE LICENCE AGREEMENT
3.1. The Licence Agreement shall be effective and binding on the Parties as of the Effective Date.
3.2. The Application shall be governed by the Licence Agreement, regardless of the fact whether it has been made available for download online or saved on any storage medium or otherwise.
3.3. The Licence Agreement is concluded for an indefinite period, unless it is terminated by the Parties at an earlier date in compliance with the Licence Agreement. For the End User to terminate the Licence Agreement, it is sufficient to remove the Application from the Device.
3.4. The End User and the Licensor may terminate the EULA at any time and for any reason whatsoever. The termination of the EULA by the Licensor shall be effective once the End User has been notified thereof or once the Licensor has decided to withdraw the Application.
3.5. The Licensor may decide to terminate the Licence Agreement with immediate effect if the End User does not comply with any terms and conditions included herein or with the Additional Terms.
3.6. Following the expiry or termination of the Licence Agreement, regardless of an underlying reason, the End User shall not be entitled to further use the Application and/or materials related to the Application and should promptly remove the Application from any Devices/servers where the Application has been installed and made available to the End User, and destroy/remove any copies of the Application held as well as remove any files related to the Application.
3.7. All provisions of the Licence Agreement that continue to be in force in spite of the expiry or termination of the Licence Agreement shall continue to be in force and binding on the Parties following the expiry or termination of the Licence Agreement. The above shall apply in particular to Sections: 4.3, 7, 9, 10, 13, 14, 15, 16, 17.
4. OBLIGATIONS OF THE END USER
4.1. The End User may not, either directly or indirectly:
4.2. The End User is obliged to:
4.3. THE END USER SHALL BE RESPONSIBLE FOR ANY DAMAGE INFLICTED TO THE LICENSOR, ITS PARTNERS OR OTHER USERS OF THE APPLICATION. THE END USER UNDERTAKES TO INDEMNIFY AND HOLD THE LICENSOR, ITS PARTNERS AND OTHER USERS OF THE APPLICATION HARMLESS IN THE EVENT OF ANY CLAIMS, SUITS, LIABILITY, DAMAGE AND RELATED EXPENSES, IN PARTICULAR LEGAL COSTS OCCURRING, DIRECTLY OR INDIRECTLY, DUE TO FAULT OF THE END USER AND/OR IN CONNECTION WITH THE UNDUE PERFORMANCE OF THE EULA AND/OR IN CONNECTION WITH THE IMPROPER USE OF THE APPLICATION.
5. THIRD-PARTY SOFTWARE
5.1. The Application may operate in combination with, use or include, the Third-Party Software. A licence for the Third-Party Software is purchased from a licensor, in compliance with terms and conditions specified by the licensor.
5.2. The Licensor is not the owner of the Third-Party Software; nor does it have any intellectual property rights thereto; therefore, it does not grant any licence for the Third-Party Software.
5.3. The Third-Party Software may be governed by additional terms and conditions (the “Additional Terms”). The End User is obliged to comply with the Additional Terms. The End User should thoroughly read the Additional Terms prior to the installation of the Application. The Additional Terms shall also include Google LLC’s requirements as specified in Appendix 1, allowing for making the Application available in Google Play.
5.4. The Additional Terms have been presented in detail in Appendix 1 to the Licence Agreement.
5.5. The Licence Agreement shall not affect any rights or obligations of the End User resulting from the Additional Terms. In case of a discrepancy between the EULA and the Additional Terms, the Additional Terms shall prevail.
5.6. As long as they are not in conflict with the Additional Terms, the terms and conditions specified in the Licence Agreement shall also apply to the Third-Party Software.
5.7. Except for cases when a Third-Party Software provider gives consent thereto, the End User may not undertake with respect to the Third-Party Software the activities specified in Section 4.1.
6. NO LICENCE FEE
6.1. The Licensor does not charge any licence fee for the conclusion of the Licence Agreement, granting of the licence or use of the Application.
7. THE LICENSOR’S COPYRIGHTS
7.1. The End User acknowledges and accepts the fact that all intellectual property rights, in particular industrial property rights and copyrights (including the exclusive rights to the commercial use) to the Application and related materials as well as their copies, are the exclusive property of the Licensor. Nothing in the Licence Agreement is aimed at transferring the above rights onto the End User or any other third party. Except for the right to use the Application, under the Licence Agreement the End User does not have any other rights, including in particular copyrights to the Application or its components or any other industrial property rights or copyrights to the Application. The Licensor’s copyrights are protected under applicable domestic and international laws.
7.2. The End User gives consent to the use of any possible means aimed at the protection of the Application and the prevention of unauthorised sharing and use of the Application. The End User acknowledges and accepts that the Licensor has the right to undertake direct and immediate actions in the event of any breach of the right to the Application and that it is entitled to enforce its rights in any manner.
7.3. The End User acknowledges and accepts the fact that the ‘GATE’ word and device mark, and any word and device marks in the Application encompassing the word ‘GATE’, shall belong to the Licensor, and they acknowledge and undertake not to make any claims concerning rights, titles to or interests in the above marks.
8.1. During the Licence Agreement’s term, the Licensor and the End User can mutually share confidential information. Each Party to the Licence Agreement undertakes not to disclose to any third parties the above information without the other Party’s explicit consent. Any confidential information shall be marked as confidential, unless its confidential nature results from circumstances and is evident.
8.2. Information shall not be deemed confidential if on the date of its disclosure, the information:
8.3. The Parties undertake to take relevant steps to ensure confidentiality of any information and data shared with the other Party or obtained during the performance of the Licence Agreement.
8.4. The above confidential information related obligations shall remain in force for a period of ten (10) years from an information disclosure date.
9. LIMITATIONS OF THE LICENSOR’S LIABILITY
9.1. THE END USER EXPLICITLY REPRESENTS AND ACCEPTS TO USE THE APPLICATION AT THEIR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE APPLICATION IS SUPPLIED TO THE END USER ‘AS IS’ AND ‘AS AVAILABLE’. THE LICENSOR DOES NOT GRANT THE END USER ANY WARRANTIES OR STATUTORY WARRANTIES, EXPRESSED OR IMPLIED, IN PARTICULAR REFERRING TO: COMPLIANCE, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY AND SECURITY; THE ABSENCE OF ERRORS OR OBLIGATION TO FIX THEM; THE ABSENCE OF VIRUSES OR OTHER MALWARE; FITNESS FOR A SPECIFIC PURPOSE OR USER SATISFACTION.
9.2. THE END USER IS FULLY RESPONSIBLE FOR THE SELECTION OF THE APPLICATION FOR SPECIFIC PURPOSES AND FOR THE INSTALLATION, USE OR RESULTS OBTAINED THROUGH THE APPLICATION. THE LICENSOR DOES NOT GUARANTEE THAT THE APPLICATION’S FUNCTIONS WILL MEET THE END USER’S REQUIREMENTS OR THAT THE APPLICATION WILL OPERATE UNINTERRUPTEDLY AND ERROR FREE. THE LICENSOR DOES NOT GUARANTEE THAT THE APPLICATION IS COMPLIANT WITH ANY SOFTWARE OR SERVICES OF OTHER ENTITIES.
9.3. THE END USER EXPLICITLY REPRESENTS AND ACCEPTS THAT THE APPLICATION IS NOT INTENDED FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE ANY BREAKDOWN, DELAY, ERROR OR INACCURACY MIGHT CAUSE DEATH, INJURY OR SERIOUS DAMAGE, INCLUDING IN MILITARY SYSTEMS.
9.4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE LICENSOR, ITS STAFF OR PARTNERS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, INCLUDING IN PARTICULAR LOSSES, IMPAIRMENTS, LOST BENEFITS, LOST PROFITS, HARM, LOSS OF DATA, PENALTIES, WHETHER DIRECT OR INDIRECT, REGARDLESS OF THEIR REASONS AND REGARDLESS OF THE FACT WHETHER THEY RESULT FROM AN AGREEMENT, ANY ILLEGAL ACT, RELATED OR UNRLEATED TO THE USE OF THE APPLICATION, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POTENTIAL OCCURRENCE OF DAMAGE.
9.5. THE LICENSOR, ITS STAFF OR PARTNERS SHALL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF: IMPROPER USE OR INSTALLATION OF THE APPLICATION, IMPROPER OPERATION OF THE APPLICATION, FAILURE TO INSTALL ANY APPLICATION UPGRADE OR ENTERING UNAUTHORISED MODIFICATIONS TO THE APPLICATION.
9.6. IF THE LICENSOR WERE LIABLE TO THE END USER, THE ONLY REMEDY AVAILABLE TO THE END USER IN THE EVENT OF A DISPUTE WITH THE LICENSOR IS AN OPTION TO DISCONTINUE USING THE APPLICATION, UNLESS MANDATORY RULES OF LAW PRESCRIBE ANY FURTHER-REACHING RIGHTS.
9.7. THE ABOVE PROVISIONS DO NOT LIMIT THE LICENSOR’S LIABILITY FOR DEATH OR INJURY FOR REASONS ATTRIBUTABLE TO THE LICENSOR IF SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED, OR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER MANDATORY RULES OF LAW.
9.8. THE LICENSOR SHALL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF THE INSTALLATION AND OPERATION OF THE THIRD-PARTY SOFTWARE; NEITHER DOES IT GRANT ANY WARRANTY OF THE THIRD-PARTY SOFTWARE’S AVAILABILITY, UNLESS MANDATORY RULES OF LAW STIPULATE SUCH LIABILITY OR WARRANTY OF THE LICENSOR.
9.9. THE LICENSOR SHALL NOT BE RESPONSIBLE FOR THE END USER’S ACTIONS CARRIED OUT WITH THE USE OF THE THIRD-PARTY SOFTWARE.
9.10. THIRD-PARTY SOFTWARE PROVIDERS SHALL NOT BE BOUND BY THE AFOREMENTIONED LIMITATIONS OF LIABILITY, AND THEIR LIABILITY TO THE END USER HAS BEEN SPECIFIED IN THE ADDITIONAL TERMS.
9.11. IF UNDER GOVERNING LAW IT IS NOT POSSIBLE TO CONTRACTUALLY EXCLUDE OR LIMIT SPECIFIC WARRANTIES, STATUTORY WARRANTIES OR SCOPES OF LIABILITY, SUCH EXCLUSION OR LIMITATION SET FORTH HEREIN SHALL NOT APPLY. NOTHING IN THE LICENCE AGREEMENT SHALL AFFECT THE END USER’S RIGHTS AS A CONSUMER IF THEY MAY NOT BE CONTRACTUALLY AMENDED OR WAIVED.
10. TECHNICAL CONDITIONS
10.1. The Application may be installed exclusively in the Device.
10.2. For the Application to be installed, the minimum technical conditions need to be fulfilled:
10.4. The Licensor is not obliged to provide technical support for the Application except for cases when this is prescribed by applicable laws.
11. INTEGRITY OF THE AGREEMENT & AMENDMENTS
11.1. The Licence Agreement represents the entire agreement between the Parties pertaining to its subject matter and shall replace any prior agreements between the End User and the Licensor pertaining to the use of the Application, with the proviso that the Additional Terms shall apply accordingly.
11.2. The Licensor shall reserve the right, at its discretion, to amend, update, modify, add or remove some EULA provisions for reasons related to security, change of regulations or the Upgrades. Such changes shall be effective following prior notification thereof made to the End User or, if this is not required under provisions of law, without such a notification. The End User can read the current version of the EULA on the Licensor’s websites under a link placed in documentation to the Application. The End User should check the EULA from time to time to learn about any changes. If the End User does not accept any changes in the EULA or as a result of the changes the End User is not able to comply with the EULA, the End User should terminate the Licence Agreement, remove the Application from all computers and/or servers where the Application has been installed and made available to the End User and destroy /remove any copies of the Application held. Any further use of the Application following the introduction of any change hereto shall mean that the End User accepts any changes made, without reservations.
11.3. The Licensor may release the Application Upgrades, including also limitations of the Application’s functionalities, for any reasons whatsoever or without stating a reason, at any time at its own discretion, in particular in connection with a need to upgrade, develop, enhance or optimise the Application. The End User accepts the fact that the Application may automatically install or download the Upgrades. The End User accepts the fact that the Licensor may discontinue supporting the Application’s previous versions once the Application’s current version has been made available.
12. WAIVER OF RIGHTS
If the Licensor does not exercise or enforce any rights or remedies stipulated in the EULA or in applicable laws, this shall not mean that the Licensor resigns from these rights or remedies. If any given right or remedy is not exercised or is partially exercised, this shall not exclude or limit the exercise or enforcement of this or another right or remedy in the future.
13. ASSIGNMENT OF RIGHTS
The Licence Agreement and rights and obligations under the Licence Agreement may not be transferred onto any third parties, either in whole or in part, without the Licensor’s prior consent given in the form of a document. The End User may, on a one-off basis, permanently transfer the entire licence for the Application together with the Device, where in such a case a buyer must undertake to comply with the terms and conditions of the Licence Agreement and the Additional Terms, which the End User guarantees.
14. SEVERABILITY CLAUSE
If any EULA provision turns out to be invalid, redundant or unenforceable, such a provision or its part, to the relevant extent, shall be interpreted as removed, while other EULA provisions shall remain intact and shall continue to be in force. If any redundant, unenforceable or invalid EULA provision turns out to be necessary, enforceable and valid after the removal of a part of the provision, then it shall apply following the introduction of a modification to the smallest extent required for it to be deemed necessary, valid and enforceable to reflect the Licensor’s intentions.
15. GOVERNING LAW
15.1. The Licence Agreement shall be governed by the Polish law. The End User shall benefit from any mandatory legal regulations of their country or region of residence. Nothing in the Licence Agreement shall limit any rights of the End User as a consumer.
15.2. The Licence Agreement has been made in Polish and English. In case of any discrepancies between the language versions, the Polish version of the Licence Agreement shall prevail.
Any doubts as to the validity, performance, termination or interpretation of the Licence Agreement shall be resolved by way of negotiations; should the negotiations fail – by a Polish court competent for the Licensor’s registered office.
17. CONTACT WITH GATE ENTERPRISE
In any EULA related matters, the End User can contact Gate Enterprise at the e-mail address: firstname.lastname@example.org, phone No.: +48 12 210 05 23.
TO GATE CONTROL STATION END USER LICENCE AGREEMENT (EULA) THIRD-PARTY SOFTWARE/ADDITIONAL TERMS
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS.
TO GATE CONTROL STATION
END USER LICENCE AGREEMENT (EULA)
The purpose of this Policy is to inform an end user of a GATE Control Station application (the End User, the Application) what personal data (the Personal Data) may be processed in connection with the use of the Application and about purposes of their processing, a manner of use thereof and about related rights available to the End User. A personal data controller (the Controller) protects the End Users’ privacy and ensures security of the Personal Data provided by them. The Controller complies with personal data processing rules and applies technical and organisational measures which guarantee that the data are secure and processed as prescribed by law. The End Users’ Personal Data are always processed in conformity with applicable laws, including in particular pursuant to the Regulation of the European Parliament and of the Council 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 (the GDPR).
Who is the Controller?
The Controller is GATE ENTERPRISE Sp. z o.o. Sp. k. with registered office in Krakow, ul. Torowa 3H, 30-435 Krakow, Poland, entered into the Register of Entrepreneurs of the National Court Register under entry No. KRS 0000774854, registered under Tax Id. No. (NIP) 679-309-53-16 and Industry Id. No. (REGON) 122953493. The Controller has appointed a Data Protection Officer who can be contacted in any data protection issues at the e-mail address: email@example.com. A data subject can contact the Controller also otherwise as preferred, including verbally and in writing at the Controller’s address.
Purposes of, and legal bases for, processing of the Personal Data:
The End User may set up and use the Account in the Application, which entails transferring their Personal Data to the Controller. In such a case, the Personal Data are processed in order to perform an agreement (Art. 6.1.b of the GDPR). Should no data be provided, the Account in the Application may not be set up and used. The Controller may process the following data of the End User: nick, name, surname, password hash, e-mail, country, Google ID, Facebook ID, Apple ID, information on participation in a ranking;
The End User may take part in GATE rankings, which entails transferring specific data to the Controller. Relevant information is displayed on https://www.gatee.eu/rankings. In such a case, the Personal Data are processed on the basis of consent of a data subject (Art. 6.1.a of the GDPR). Consent to participation in the rankings is voluntary. The End User gives their consent in an End User Account panel. Without the consent, the End User may not take part in the GATE rankings. The Controller may process the following data of the End User: nick, country, time of an entry, serial number;
By connecting a compatible Product with the Application, the End User can use specific functionalities of the Application, which entails transferring specific data to the Controller. In such a case, the Personal Data are processed in order to perform an agreement (Art. 6.1.b of the GDPR). Should no data be provided, specific functionalities of the Application cannot be used. The Controller may process the following data of the End User: connection between the Product and the Account, content of reports, connection time, local time, the Product’s serial number, device type, IP, country, phone model, screen DPI, operating system version, received signal strength indicator (RSSI), statistical data about a device and its settings and errors;
In order to purchase the Products in the Application Store, the End User needs to provide the Personal Data. In such a case, the Personal Data are processed in order to take steps at the request of the End User prior to entering into an agreement, and to perform an agreement (Art. 6.1.b of the GDPR). Should no data be provided, the End User cannot make purchases in the Application Store. The Controller may process the following data of the End User: IP address, country of a transaction, transaction ID, information on the successful completion of a transaction, purchase amount, purchase date, name and surname, e-mail, VAT-EU number, organisation name, organisation address, MCC code of a card;
The Personal Data are processed in order to communicate with the End User (Art. 6.1.f of the GDPR). The Personal Data are provided on a voluntary basis but the provision thereof is necessary to receive a reply from the Controller. In such a case, the Personal Data are processed due to the Controller’s legitimate interests. The Controller’s legitimate interests consist in communicating with an individual who requests of the Controller to provide an answer. The Controller may process the following data of the End User: nick, name, surname, e-mail, Google ID, Facebook ID, Apple ID. As its legitimate interests pursuant to Art. 6.1.f of the GDPR, the Controller also considers: exercise and defence against legal claims, fraud prevention, keeping statistics and analyses, ensuring security of an ICT environment, application of internal control systems and in some cases also direct marketing of its own services, where for marketing purposes the Controller may process the Personal Data also with the End User’s consent (Art. 6.1.a of the GDPR);
The Personal Data are processed in order to fulfil contractual obligations (Art. 6.1.b of the GDPR) and to comply with the Controller’s legal obligations resulting in particular from accounting policies and tax related regulations (Art. 6.1.c of the GDPR). These data are processed in case of purchasing the Products in the Application Store. The provision of the Personal Data is a statutory requirement needed for the discharge of obligations resulting from accounting policies and tax related regulations. The Controller may process the following data of the End User: IP address, country of a transaction, transaction ID, information on the successful completion of a transaction, purchase amount, purchase date, name and surname, e-mail, VAT-EU number, organisation name, organisation address, MCC code of a card, card issue country, card expiry date, card type (VISA/MASTERCARD, etc.), information on a PayPal account, part of a card number, information on the Product purchased, device serial number, platform where payment has been made.
Recipients of the Personal Data:
The Personal Data may be processed by the Controller’s service providers rendering, among others, financial settlement (including payment intermediaries such as PayPal (Europe) S.a.r.l. et Cie, S.C.A.), legal, advisory, consulting, archiving and IT services. The End Users’ Personal Data may be transferred to providers of services related to software used by the Controller and to hosting service providers.
The Personal Data will not be shared with any third parties or transferred to any third countries outside the EEA, unless this proves necessary and the End User gives consent thereto, or an obligation or option of sharing the data results from mandatory rules of law, a final and non-appealable court judgment or a final decision of a relevant body.
What does profiling involve and are any data in the Application subject to profiling?
Profiling consists in any form of automated processing of the Personal Data evaluating the personal aspects relating to a natural person, in particular to analyse or predict aspects concerning the data subject’s work performance, economic situation, health, personal preferences or interests, reliability or behaviour, location or movements, where it produces legal effects concerning the data subject or similarly significantly affects the data subject. The data in the Application, including in the Application Store, will not be profiled.
How can the Personal Data be changed?
The End User has the right of access to content of their Personal Data and the right of rectification and erasure thereof, the right to restrict processing and the right to data portability. The End User has the right to object to the processing of the Personal Data, for instance if the Controller profiles the End User’s data.
The End User who has given consent to the processing of the data has the right to withdraw their consent at any time without affecting the lawfulness of processing carried out on the basis of the consent prior to the withdrawal. To this effect, the End User can contact the Controller at the e-mail address: firstname.lastname@example.org or email@example.com. The End User can contact the Controller also otherwise as preferred, including verbally and in writing at the Controller’s address.
How does the Controller protect the Personal Data?
The Controller protects the End Users’ data against unauthorised access, disclosure, change or destruction. In particular, the Controller makes use of data encryption, physical security measures and verification in IT systems. Further, the Controller uses anti-virus software and firewalls. The End Users’ data may be accessed exclusively by authorised individuals bound by confidentiality and by subcontractors that have entered into a personal data subprocessing agreement with the Controller and satisfy security criteria set forth therein.
How long will the Personal Data be processed?
In the case of the use of the Account, the Personal Data are processed for as long as the End User uses the Account, subject to the data to the processing of which the End User has given separate consent or in the case of which there exists another basis for processing. In the case of participating in the GATE rankings, the Personal Data are processed for as long as a ranking is published or until the End User withdraws their consent. In the case of information from the Product compatible with the Application, the Personal Data are processed for as long as the End User uses such functionalities of the Application. In the case of the sale of the Products, the Personal Data are processed for the duration of a sales process, including delivery and payment settlement. In the case of communication with the End User, the Personal Data are processed for a period necessary to provide the End User with an answer. To a limited extent, the Personal Data may also be processed upon the lapse of the above periods until any potential legal claims become time-barred or for as long as possible or required in compliance with applicable laws, e.g. for statistical purposes or to document a transaction. Upon the lapse of a processing period, the Personal Data are permanently deleted or anonymised.
Other personal data processing related rights of the End Users
The End User has the right to lodge a complaint with the President of the Personal Data Protection Office if they consider that their Personal Data are processed in breach of mandatory rules of law.
This Policy shall enter into force once made available in the Application.