Affiliate Program - Terms and Conditions

§ 1 General provisions

1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") define the conditions of use of the https://afilio.autodna.com/ (hereinafter referred to as the autoDNA afilio Website or the Website), including the terms of cooperation between the parties who wish to start cooperating with AUTODNA Sp. z o.o. [Ltd.] seated in Łódź (94-104) at ul. Obywatelska 128/152, entered into the Register of Entrepreneurs of the National Court Register (KRS) by the District Court of the City of Łódź – Śródmieście in Łódź, 20th Division of the National Court Register, at KRS [National Court Register no.] 0000349742, NIP [Taxpayer ID no.]: 5492391545, REGON [Business ID no.]: 121164104, share capital: 50,000.00 PLN, (hereinafter referred to as “AUTODNA”), and AUTODNA, with regard to the promotion of services provided by AUTODNA electronically within the autoDNA affilio via the website located at www.autodna.com (hereinafter referred to as the "autoDNA Website"). Entities that meet the conditions set out in the Terms and Conditions and effectively join the affiliate program are hereinafter referred to as Affiliate.

2. The purpose of the Affiliate Program between the AUTODNA and entities who receive the Affiliate status is to promote the autoDNA Website and increase the sales of services offered by AUTODNA via the autoDNA Website.

3. Entering into the Affiliate Program is free of charge and voluntary.

4. These Terms and Conditions and all provisions contained herein, as well as the Affiliate Program itself are addressed and thus binding only entities who are not consumers. The Terms and Conditions and the Affiliate Program are not addressed to consumers.

5. The Contractor may only be an entity for whom participation in the Program is directly related to their business activity and is of a professional nature for them.

6. The Affiliate, by joining and participating in the Program, does not become an agent, employee, service recipient or representative of AUTODNA and is not entitled to conclude any contracts or submit offers on their behalf regarding the AUTODNA services and products.

§ 2 Obtaining the Affiliate status

1. Who can apply for the Affiliate status?

a) any legal person or organisational unit with legal status,

b) any natural person conducting business activity for whom participation in the Program is directly related to their business activity and is of a professional nature for them (not having in this case the status of a consumer or entrepreneur as a consumer)

2. If one of the above conditions is met, then additionally, it is required to:

a) in connection with one's business activity, have their own website or run a blog,

b) correctly complete and send the application form available on the autoDNA afilio Website to participate in the Program and create an electronic Affiliate account on the autoDNA Website enabling the Affiliate to manage its participation in the Program (hereinafter referred to as the "Affiliate Account"). The Affiliate Account is a separate electronic account from the autoDNA Website user account;

c) provide true and complete data, including personal data,

d) confirm that they have read and accepted the terms and conditions of using the autoDNA afilio Website and participation in the Affiliate Program, including these Terms and Conditions and the content of the cooperation agreement for participation in the Program contained in the Terms and Conditions,

e) upon request of AUTODNA, provide additional data, provide additional information or provide additional documents or make a verification transfer, within the time limit indicated by AUTODNA.

f) the application for the participation of a given entity in the Affiliate Program has been approved by AUTODNA, with the stipulation that the mere confirmation of receiving the application is not tantamount to approval of the participation and granting the Affiliate status.

3. Meeting the requirements listed in the Terms and Conditions by an entity applying for the Affiliate status does not guarantee the status of an Affiliate and does not entitle an entity referred to in paragraph 1 and 2 of this paragraph, to request AUTODNA to grant the Affiliate status or to cooperate with it.

4. AUTODNA, after verifying the application form completed by the entity applying for the Affiliate status or additional data, information or documents provided by it, decides to grant or refuse to grant the Affiliate status.

5. AUTODNA has the right to refuse to grant the Affiliate status at its own discretion, without the need to justify the decision taken. In the event of a refusal to grant the Affiliate status, an entity applying for the Affiliate status has the right to renew its request to join the Program by repeating the application procedure described in the Terms and Conditions.

6. AUTODNA shall inform an entity applying for the Affiliate status about granting the Affiliate status and creating an Affiliate Account by sending an e-mail to the e-mail address of such an entity or by phone to the telephone number indicated by this entity.

7. After obtaining the Affiliate status, the Affiliate gains access to the Affiliate Account - from that moment a cooperation agreement is concluded between the Affiliate and AUTODNA for participation in the Affiliate Program and the Affiliate may start cooperation with AUTODNA on the terms specified in the Terms and Conditions.

8. Each entity applying for the Affiliate status or an Affiliate may have only one Affiliate Account. The Affiliate Account cannot be made available to other entities. The Affiliate Account may only be used by a given Affiliate. It is forbidden to sell, rent, lease, donate or make any other transfer of access to the Affiliate Account to persons other than the Affiliate without the prior written consent of AUTODNA. In the event that it is discovered that the Affiliate Account has been made available or used by third parties in violation of the Terms and Conditions, AUTODNA reserves, inter alia, the right to immediately block or delete the Affiliate Account and claim compensation in the event of damage.

9. The Affiliate Account allows the Affiliate to manage its participation in the Program, including access to billing history, referral status, statistics, the amount of commission granted by AUTODNA and downloading affiliate elements - content that in connection with cooperation and in order to cooperate with AUTODNA may post on promotion sites submitted to the Affiliate Program (on its website, blog, on its social media channels and profiles, and others), while AUTODNA reserves the right to make changes to the functionalities available within the Affiliate Account. As part of the Affiliate Account, the Affiliate also obtains the possibility of i.a.:

a) tracking the number of customers who purchased services offered by AUTODNA via the autoDNA Website, thanks to redirection from the Affiliate website or blog,

b) tracking the amount of commission remuneration due to the Affiliate,

c) previewing automatically generated reports on the settlement of commission remuneration due to the Affiliate,

d) reporting the payment of remuneration due to them on the terms provided for in the Terms and Conditions, in particular on the basis of the commission settlement report generated by AUTODNA.

10. In the event of a change in the data provided by the Affiliate in the application form or as part of the Affiliate Account, the Affiliate is obliged to update them on an ongoing basis and to inform AUTODNA about the change additionally to the e-mail address afilio@autodna.pl within 7 days from the date of the change. In the event of a change, AUTODNA may require the Affiliate to repeat the notification procedure indicated in the Terms and Conditions and, regardless of this, may require the Affiliate to provide additional data, provide additional information, make a verification transfer or provide additional documents, within the time limit indicated by AUTODNA, under pain of refusal to make a change and the possibility of terminating the Cooperation Agreement with immediate effect. The amendment procedure referred to in this point of the Terms and Conditions also applies to changes in the scope of promotion places submitted to the Affiliate Program (website, blog, social media channels and profiles, and others).

§ 3 Cooperation agreement for participation in the Program

1. This paragraph of the Terms and Conditions contains detailed provisions of a cooperation agreement for participation in the Cooperation Program concluded between the Affiliate and AUTODNA (hereinafter referred to as the Cooperation Agreement or Cooperation Agreement for participation in the Program). When joining the Program, the Affiliate is obliged to comply with these provisions of the Cooperation Agreement and the entire Terms and Conditions. To the extent expressly not covered by this paragraph, the remaining provisions of the Terms and Condition shall apply.

[Subject of the Cooperation Agreement]

2. On the basis of the Cooperation Agreement, the Affiliate undertakes, with particular care for the reputation of the autodna Website and AUTODNA to:

a) promote the autodna Website and the services offered by AUTODNA by placing appropriate links in promotion places submitted by the Affiliate to the Affiliate Program (website, blog, social media channels and profiles, and others), enabling a potential customer to redirect to the AUTODNA Website (hereinafter "Link") and appropriate advertising materials provided or approved by AUTODNA,

b) promote the autoDNA website and the services offered by AUTODNA in a manner consistent with applicable law, principles of social coexistence and good manners.

3. The Affiliate declares that they will post the Link in the places of promotion submitted by the Affiliate to the Affiliate Program (website, blog, social media channels and profiles, and others) indicated in the application form or indicated later in the Affiliate Account, and in the event of a change in the place of promotion, the Affiliate is obliged to inform AUTODNA about the change additionally to the e-mail address afilio@autodna.pl within 7 days from the date of the change. AUTODNA has the right to require the Affiliate to immediately remove the Link posted by it in the above-mentioned places of promotion.

a) The Affiliate declares that he has the full right to dispose of the promotion places referred to in sections 3 of this paragraph, in particular the right to include the Link.

4. The Affiliate may also post Links in other places of promotion than those indicated in section 3 of this paragraph, (hereinafter referred to as Other Website) if the Affiliate has the right to include such Links on a given Other Website. AUTODNA has the right to require the Affiliate to immediately remove the Link posted by it on a given Other Website. The Affiliate shall inform AUTODNA in writing or by e-mail (e-mail to afilio@autodna.pl) about each time the Link is placed on Other websites than those indicated in section 3 of this paragraph, within no more than 2 days from placing the Link.

5. The Affiliate may also post Links on the so-called advertising banners (both online and offline), if the Affiliate has the right to post such a banner and this does not violate the Terms and Conditions. AUTODNA has the right to require the Affiliate to immediately remove the banner posted by them. The Affiliate shall inform AUTODNA in writing or by e-mail (e-mail to afilio@autodna.pl) about each time the Link is placed on the banner, within no more than 2 days from placing the Link.

[ The Affiliate's Obligations ]

6. The Affiliate undertakes to inform AUTODNA in writing or to the e-mail address of the affiliate program afilio@autodna.pl about any changes to the Affiliate's data within 7 days from the date of the change, under pain of refusal by AUTODNA to make a change and the possibility of terminating the Cooperation Agreement with immediate effect.

7. The Affiliate undertakes to inform AUTODNA about the occurrence of any event in writing or to the e-mail address of the Affiliate Program - afilio@autodna.pl - that may affect further cooperation between the Affiliate and AUTODNA within 7 days from the date of such event.

8. In particular, the Affiliate is obliged to inform AUTODNA about problems with access to promotion places submitted by the Affiliate to the Affiliate Program (website, blog, social media channels and profiles, and others), the expected removal from the Internet or transfer to another entity of the right of use or ownership of a given place of promotion of the Affiliate or obstacles to redirection or inability to redirect a potential customer to the place of promotion of the Affiliate.

9. Redirecting a potential customer to the autoDNA Website must not violate the provisions of applicable law, recommendations of the President of the Office of Competition and Consumer Protection (in particular recommendations regarding the marking of advertising content - https://uokik.gov.pl/influencer_marketing.php), principles of social coexistence or good manners, in particular such redirection may not have the features of persistent offering or advertising services provided by AUTODNA via the autoDNA Website. The Affiliate is also obliged to meet the information obligations regarding the processing of personal data and the use of cookies in places of promotion submitted by the Affiliate to the Affiliate Program (website, blog, social media channels and profiles, and others) towards the potential customer.

10. Redirecting a potential customer via the Link should be possible only by clicking on the appropriate field or tab in the promotion places submitted by the Affiliate to the Affiliate Program (website, blog, social media channels and profiles, and others) or by performing another intentional activity by the potential customer of AUTODNA.

11. The Affiliate undertakes not to take, in particular, the following actions:

a) persistent, mass sending of the information, offers or advertising materials regarding autoDNA Website, in particular by sending e-mails (done by the Affiliate or other entity on the Affiliate's behalf); this does not apply to the situation of sending commercial information or marketing content, if the addressees of e-mails have agreed to receive such information or content from the Affiliate, provided that such action of the Affiliate is in accordance with the law and does not bear the signs of persistent sending of such information or content,

b) enabling the use of the services offered by the Affiliate or enabling access to the places of promotion submitted by the Affiliate to the Affiliate Program (website, blog, social media channels and profiles, and others), from entering the autoDNA Website or using the services offered by AUTODNA via autoDNA Website,

c) redirecting a potential customer from the places of promotion submitted by the Affiliate to the Affiliate Program (website, blog, social media channels and profiles, and others) to the autoDNA website automatically after the potential customer enters the given place of the Affiliate promotion,

d) posting in places of promotion submitted by the Affiliate to the Affiliate Program (website, blog, social media channels and profiles, and others) or any other places materials related to AUTODNA or the autoDNA Website, not previously approved by AUTODNA or not made available by AUTODNA to the Affiliate,

e) advertising the autoDNA Website or services offered by AUTODNA through any activities not expressly provided for in this Agreement or for which AUTODNA has not given its prior written consent or is contrary to the law,

f) misleading the users of the Internet by posting in places of promotion submitted by the Affiliate to the Affiliate Program (website, blog, social media channels and profiles, and others) or in any other place, any information or materials that may suggest that the Affiliate has any rights to the autoDNA Website, in particular that may suggest that the Affiliate provides services through the autoDNA Website,

[ The Affiliate's Commission ]

12. In the event that a potential customer is redirected to the place of promotion submitted by the Affiliate to the Affiliate Program (website, blog, social media channels and profiles, and others) to the autoDNA Website, the visit of the potential customer to the autoDNA Website will be registered by storing the Affiliate's cookie file. The commission due to the Affiliate is calculated as determined in the Cooperation agreement based on the number of customers redirected from the Affiliate's places of promotion who purchased services. The commission due to the Affiliate shall be calculated in the event that the customer is redirected from the Affiliate's places of promotion and then, within 24 hours from the moment of redirection, purchases the services offered by AUTODNA via the autoDNA Website. This commission shall be calculated for each purchase of the service made and paid by the customer, within 24 hours from the moment the customer is first redirected from the Affiliate's places of promotion (from the date of creating and saving the "cookie" file). After the expiration of the 24 hours referred to in the previous sentence, the commission fee for the purchase by the customer will be charged only if the customer has purchased the service due to another redirection from the Affiliate's places of promotion, which took place after the expiration of the 24 hours referred to in the previous sentence. This commission shall be calculated for each purchase of the service that the customer makes, within 24 hours from the moment the customer is redirected again from the Affiliate's places of promotion (from the date of creating and saving the "cookie" file). The commission is due only if the purchase has been fully paid by the customer and then they have not received a refund under the complaint, withdrawal or for any other reason. In the event that the Affiliate receives a commission for a purchase, for which AUTODNA has subsequently refunded the payment to the customer, the Affiliate is obliged to refund the commission received within 7 days since receiving such request from the company, and AUTODNA may also deduct it from the future commissions due to the Affiliate. AUTODNA has the right to adjust the amount of the commission also before it is paid to the Affiliate, in the event that AUTODNA has refunded the payment to the customer. Commission is the only benefit due to the Affiliate for participation in the Affiliate Program.

Detailed rules regarding the method of calculating the commission remuneration due to a given Affiliate and commission thresholds are published by AUTODNA as part of the Affiliate Account. AUTODNA may also provide selected Affiliates with additional methods of bonusing participation in the Affiliate Program (e.g. additional bonus for further referrals) – information about making such an opportunity available to a given Affiliate and its rules will be published by AUTODNA as part of the Affiliate Account.

13. AUTODNA has the right to change the services provided by AUTODNA covered by the Cooperation Agreement, the rules regarding the method of calculating the commission remuneration due to the Affiliate and changing the commission thresholds, as well as any additional ways of bonusing the participation in the Affiliate Program by sending the content of new rules regarding the method of calculating the commission remuneration due to the Affiliate or new commission thresholds to the Affiliate's e-mail address provided as part of the Affiliate Account or by posting information regarding these changes in the Affiliate Account. The changes referred to in the previous sentence will be effective after 14 days from the date of sending the notification to the Affiliate's e-mail address or from the date of posting information about these changes in the Affiliate Account. The Affiliate has the right to terminate this Cooperation Agreement with immediate effect within 14 days from the date on which the changes referred to in the previous sentence began to apply – with the expiration of the Cooperation Agreement, the Affiliate status expires.

14. AUTODNA defines the products and services provided by AUTODNA covered by the Cooperation Agreement, the method of calculating the commission remuneration due to the Affiliate and the amount of commission thresholds due to the Affiliate by posting this information in the Affiliate Account.

15. The Affiliate may request the payment of a renumeration under the Cooperation Agreement, in the event that the value of the commission due to the Affiliate is equal to or higher than PLN 1,120 net. If a smaller amount is collected, it is carried over to the next settlement period.

16. The commission shall be payable to the Affiliate's bank account. The Affiliate shall issue VAT invoices with a 21-day payment deadline. On the basis of the commission settlement report generated by AUTODNA, the Affiliate shall issue VAT invoices with a 21-day payment deadline by the 7th day of each month. The Affiliate has the right to issue a VAT invoice for the amount specified in the commission settlement report generated in the "Settlements" tab available in the Affiliate Account.

17. The Affiliate undertakes to issue correctly completed VAT invoices under the Cooperation Agreement and deliver them to AUTODNA by the 7th day of the month following the month or months for which the Affiliate is entitled to payment of commission, on the basis of the generated settlement report from the "Settlements" tab, available in the Affiliate Account. The issued invoice should contain the title of the generated settlement report and should be issued for the amount consistent with this report.

18. The Affiliate should provide AUTODNA with a correctly issued VAT invoice by e-mail to the following address: rozliczenia.afilio@autodna.pl or by registered mail to the address of the AUTODNAs registered office. Only a correctly issued VAT invoice in accordance with the Terms and Conditions obliges AUTODNA to make the payment.

19. Termination of the Cooperation Agreement by AUTODNA for reasons attributable to the Affiliate shall result in the Affiliate losing the right to demand payment of the commission accrued up to that point under the Cooperation Agreement.

20. In the event of termination of the Cooperation Agreement by the Affiliate, the Affiliate has the right to request the payment of commission when the amount of this commission under the Cooperation Agreement is equal to or higher than PLN 300 net.

[ Rights of AUTODNA ]

21. AUTODNA has the right to suspend the Affiliate status in relation to a given Affiliate, deprive the Affiliate of the Affiliate status or terminate the Cooperation Agreement with immediate effect in the event that:

a) AUTODNA has a reasonable suspicion that the Affiliate undertakes activities contrary to the law, principles of social coexistence or good manners or acts to the detriment of AUTODNA;

b) the Affiliate undertakes activities that are unfair or inconsistent with this Cooperation Agreement or the Terms and Conditions;

c) the Affiliate fails to perform or improperly performs the obligations under the Cooperation Agreement or the Terms and Conditions;

d) the Affiliate has ceased to meet the conditions set out in the provisions of the Cooperation Agreement or the Terms and Conditions, in particular referred to in § 2 section 1 and 2 of the Terms and Conditions;

e) further cooperation could expose AUTODNA to loss of reputation or suspicion of illegal activities.

22. In the cases referred to in the previous paragraph, points (a) to (e) of this paragraph, the Affiliate is obliged to immediately remove the irregularities or the effects of irregularities that are the reason for suspending the Affiliate status in relation to a given Affiliate, depriving the Affiliate of the Affiliate status or terminating the Cooperation Agreement with immediate effect.

23. In the event of failure to remove the irregularities referred to above, AUTODNA has the right to withhold or not pay the commission due to the Affiliate, which does not exclude other rights resulting from the provisions of law and the Terms and Conditions.

[ Duration of the Cooperation agreement]

The Cooperation agreement is concluded for an indefinite period.

25. Each of the Parties to the Cooperation Agreement may terminate it with one month's notice.

26. AUTODNA has the right to terminate the Cooperation Agreement with immediate effect, in the event of closure of the Affiliate Program, termination of the provision of services via the autoDNA Website, in particular by removing it, or transferring the ownership of the website to another entity and in other cases provided for in the Terms and Conditions and legal provisions.

27. Termination of the Cooperation Agreement as a result of termination, dissolution or as a result of any other actions causing its expiry is tantamount to loss of the status of the Affiliate and loss of access to the Affiliate Account.

[ Confidentiality ]

28. The Parties agree that for the purposes of cooperation under the Program, the term "Confidential Information" means any information of any nature (oral, written or otherwise) provided by them, containing or consisting of technical, operational, administrative, economic, financial, marketing or related to business planning, as well as intellectual property of any kind.

29. The Parties undertake that all Confidential Information provided and disclosed to each other, except for the cases expressly determined in the Terms and Conditions, including the Cooperation Agreement, will be kept in full secrecy and confidentiality, will be used and used only for purposes related to the implementation of participation in the Program and that it will not be transferred or disclosed to any third party without the express prior consent of the other Party expressed in writing.

30. The Affiliate is not authorized to use Confidential Information in order to conduct its own business activities not related to participation in the Program or the activities of entities related to them in any way.

31. The Parties declare that they will be released from the obligation to keep Confidential Information confidential if the obligation to disclose it results from a valid court order or official order or from mandatory provisions of law.

32. The Affiliate undertakes not to use the name, logo, service marks, trademarks or any other legally protected property of AUTODNA, including the logo of autoDNA Website, for purposes other than the proper performance of the Cooperation Agreement, without the prior written consent of AUTODNA, in particular in its own marketing materials. Any breach of the obligation resulting from the previous sentence will constitute a material breach of this Agreement and will entitle AUTODNA to terminate the Cooperation Agreement with immediate effect.

[ Responsibilities ]

33. AUTODNA is not responsible for the inability to save the Affiliate's cookie file, after redirecting a potential customer to the autoDNA Website from the Affiliate's website or blog.

34. In the event of a breach of the obligations referred to in paragraphs 9-11 or 28-32 of this paragraph, the Affiliate shall be obliged to pay AUTODNA a contractual penalty in the amount of PLN 1,000 (in words: one thousand zlotys) for each violation separately. Payment of the contractual penalty shall be made by the Affiliate within 14 days from the date since receiving the request for payment, subject to the paragraph below.

35. In the case referred to in the section above of this paragraph, AUTODNA is entitled to deduct the amount of the contractual penalty from the commission due to the Affiliate resulting from the Cooperation Agreement or termination of the Cooperation Agreement with immediate effect, for reasons attributable to the Affiliate. In such a case, the Affiliate shall not be entitled to demand payment of the commission specified in this Agreement or to seek compensation from AUTODNA for damage suffered as a result of the termination of this Agreement.

36. The Parties agree that if, as a result of non-performance or improper performance of the provisions of this Cooperation Agreement by the Affiliate, AUTODNA suffers damage the amount of which exceeds the amount of the reserved contractual penalty, AUTODNA will be entitled to claim compensation from the Affiliate exceeding the amount of the reserved contractual penalty on general terms.

37. In the event that any third party, institution or body, raises claims against AUTODNA arising in connection with the performance, non-performance or improper performance by the Affiliate of this Agreement, the Affiliate on the basis of art. 392 of the Civil Code undertakes that this person will not demand the satisfaction of their claims against AUTODNA. In the event that the above claims are satisfied by AUTODNA, the Affiliate undertakes to repair the damage suffered by AUTODNA in this respect, including the costs of legal services.

§ 4 Personal data

1. AUTODNA is the administrator of personal data of entities applying for the Affiliate status and Affiliates processed in connection with the implementation of these Terms and Conditions, including the Cooperation Agreement. Contact with the Administrator is possible using the Administrator's correspondence data provided at the beginning of the Terms and Conditions or by e-mail to the following address: contact@autodna.com. AUTODNA will process personal data of entities applying for the Affiliate status and Affiliates, in accordance with 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).

2. The Administrator processes personal data of persons who are a party to the contract in order to sign and perform the contract (art. 6 item 1 letter b) of the GDPR). The legal basis for the processing of data of persons who are not party to the contract, whose data are processed for the purpose of signing and implementing the contract is the legitimate interest of the Administrator (art. 6 item 1 letter f) of the GDPR) - contact regarding the performance of the contract. The data of the above-mentioned persons may be processed for the possible investigation or refusal of claims under the contract (art. 6 item 1) letter f) of the GDPR). Personal data will also be processed in connection with the fulfillment of legal obligations imposed on the Administrator, in particular tax law, financial reporting (art. 6 item 1 letter c) of the GDPR).

3. Personal data of employees of the other Party may have been obtained by the Administrator from the contract or made available by a person who is a Party to the contract. In connection with the performance of the contract, the Administrator may process in particular the following personal data: name, surname, business e-mail address, business phone number, place of employment, position.

4. Personal data will be processed for the duration of the contract, and after its termination for the time related to the expiry of any mutual claims related to the performance of the contract and for the time resulting from applicable law, including tax regulations, financial reporting.

5. The recipients of personal data will be entities cooperating with the Administrator in the scope of contracts, only under the relevant agreements entrusting the processing of personal data and ensuring the use of appropriate technical and organizational measures ensuring data protection by the above-mentioned entities, as well as entities to which the Administrator is obliged to provide data under applicable law.

6. Every person whose data is processed, within the scope resulting from the law regulations, is entitled to access their data, and also to correct, delete and restrict the processing, as well as they are entitled to object the processing, and transfer their data.

7. The data subject is entitled to lodge a complaint regarding the processing of their personal data to the supervisory authority – the Polish Data Protection Commissioner, when they think that the processing of the personal data violates the GDPR regulations.

8. Personal data will not be transferred to a third party or an international organisation, and it is not subjected to automated decision making in this profiling.

9. The processing of personal data is necessary for the performance of the Cooperation agreement. Failure to provide data is associated with the inability to sign and perform the contract. At the same time, however, your willingness to participate in the Program is voluntary.

10. The Party is obliged to provide the information referred to in section 1-9 above, to persons representing and employees of the Party whose data has been transferred to the Administrator.

11. AUTODNA is the administrator of personal data processed on the autoDNA Website. Personal data is processed for the purposes, to the extent and on the basis of the grounds and principles indicated in the privacy policy published on the autoDNA Website. The privacy policy contains, above all, the rules regarding the processing of personal data by the Administrator, including the basis, purposes and scope of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools by the Administrator.

12. Regardless of the obligations of AUTODNA related to the processing of data on the autoDNA Website, the Affiliate is also obliged to meet the information obligations regarding the processing of personal data and the use of cookies in its places of promotion (on its website, blog, on its social media channels and profiles) towards the potential customer.

§ 5 Termination of Cooperation

1. An entity applying for the Affiliate status may resign from participation in the Affiliate Program at any time before being granted the Affiliate status. To this end, an entity applying for the Affiliate status should notify AUTODNA about the resignation by sending an e-mail to the following address: afilio@autodna.pl.

2. In the event of obtaining the Affiliate status, the Cooperation Agreement may be terminated on the terms indicated therein, in particular by terminating it.

3. In the event that AUTODNA terminates the provision of services via the autoDNA Website, in particular by removing it or transferring the ownership of the website to another entity, the Affiliate Program is terminated on the date of one of these events, unless AUTODNA decides otherwise.

§ 6 Responsibility

1. Any delay or non-compliance with the terms of the Program by AUTODNA shall not constitute a basis for an entity applying for the Affiliate status or an Affiliate to claim compensation for losses incurred or other equivalent payments if the non-performance or improper performance of the provisions of the Program was caused by factors for which AUTODNA is not responsible and to which it did not contribute.

2. AUTODNA shall not be liable to an entity applying for the Affiliate status or an Affiliate for damages and non-fulfilment of obligations resulting from events of force majeure circumstances (e.g. unannounced power outages, hacking attacks, natural disasters, fires, floods, earthquakes, epidemics, riots, wars, executive and legislative acts, traffic jams, employee strikes, border and port blockades) or any other reasons beyond the control of AUTODNA.

3. Subject to further restrictions contained in the Terms and Conditions the Cooperation Agreement or resulting from legal provisions - AUTODNA shall be jointly liable to an entity applying for the Affiliate status or an Affiliate, for all reasons, regardless of its legal basis, to the value granted to a given entity during the last year of the commission, and in any case not more than PLN 2,000.00 (two thousand zlotys). The amount limitation referred to in the previous sentence shall apply even if no commission is granted or in the scope of claims not directly related to the commission. AUTODNA shall be liable only for typical and actual damages foreseeable at the time of joining the Program, excluding lost profits. The amount limitation of liability does not cover damage caused intentionally or to a person.

§ 7 Complaint procedure

1. Complaints related to the Program should be submitted using the correspondence data of the Administrator provided at the beginning of the Terms and Conditions, by e-mail to the following address: afilio@autodna.pl or using the contact form.

2. The description of the complaint should contain as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of irregularities, expectations and contact details.

3. A complaint submitted after 7 days from the date of the event or the occurrence of the reason for the complaint shall not be considered. Failure to submit a complaint within this period shall result in the expiration of all claims against AUTODNA related to this event or the cause of the complaint.

4. AUTODNA shall respond to the complaint within 30 days from the date of receipt of the complaint.

§ 8 Final Provisions

1. AUTODNA reserves the right to change the provisions of these Terms and Conditions. Amendments to these Terms and Conditions shall enter into force at the time of their publication on autoDNA Website.

2. AUTODNA shall inform the Affiliate about the change in the provisions of these Terms and Conditions. In the event of changes to the provisions of these Terms and Conditions, the Affiliate has the right to terminate the Cooperation Agreement within 14 days since the changes to these Terms and Conditions enter into force, with a 30-day notice period.

3. AUTODNA reserves the right to terminate or suspend the Cooperation Program at any time, without giving any reason.

4. Any disputes with regard to these Terms and Conditions or the Cooperation agreement shall be settled by the court having jurisdiction over the seat of AUTODNA.

5. To all matters not settled herein, provisions of the Polish law, and in particular the Civil Code, shall apply.

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