TERMS OF SERVICE

FOR USE OF THE SOCIAL FORUM PORTAL OF KGHM

 

GENERAL
§1

  1. These terms of services (hereinafter referred to as the "Regulations") specify: the conditions for using the social functionalities of the intranet and extranet portal of KGHM (as defined below) under the addresses intranet.kghm.web or extranet.kghm.com (Internet public network) (together hereinafter referred to as the "Portal"); the electronical services provided while using the social functionalities of the Portal (hereinafter referred to as the "Services"); the rights and obligations of the Portal User (as defined below); and the privacy protection principles.
  2. The Services will be provided by KGHM Polska Miedź S.A. with its registered office in Lubin, ul. Marii Skłodowskiej-Curie 48, 59-301 Lubin, acting on the basis of an entry in the commercial register for the National Court Register kept by the District Court of Wrocław - Fabryczna, Division IX Commercial, under KRS 0000023302, with Tax Identification Number (NIP): 6920000013, Business Identification Number (REGON): 39002176400000 (hereinafter referred to as "KGHM").

 

DEFINITIONS
§2

For the purpose of these Regulations, the terms set forth below shall have the following meanings:

  1. "Personal Data Administrator" or "Administrator" - KGHM acting on the basis of Art. 7 point 4 of the Act for the purpose of personal data processing;
  2. "personal data" - any and all information about an individual which enable his or her identification;
  3. "third countries" - any country outside the European Economic Area;
  4. "Moderator" - a person appointed and authorized by the Administrator to ensure that the Regulations and valid provisions of the law are adhered to on the Portal. The Moderator shall be authorized to change the content or delete entries made by the Portal Users, as well as block, unblock, transfer, delete or divide topics on the Portal.
  5. "Cookies" - small text files which are saved by the browser on the Portal User's local disk, the content of which is transmitted by the visited server. The files may be read by the server when returning to the server website;
  6. "personal data processing" - any and all operations on personal data including collecting, recording, storing, elaborating, amending, releasing and deleting, including operations carried out in IT systems;
  7. "Act" - the Personal Data Protection Act of 29 August 1997 (i.e. of 26 June 2014; Journal of Laws of 2014, item 1182);
  8. "Act on the provision of services" - the Act of 18 July 2002 on the provision of electronic services (i.e. of 15 October 2013; Journal of Laws of 2013, item 1422);
  9. "Portal User" or "User" - an employee (regardless of the type of the contract) of one of the companies of KGHM or its affiliates (the "Capital Group KGHM Polska Miedź"), possessing an account and using the social functionalities of the Portal and who has agreed to bound by and comply with the Regulations and being a party to the contract for the provision of services; and
  10. "Observer" - an employee (regardless of the type of the contract) of one of the companies of the Capital Group KGHM Polska Miedź, not using the social functionalities of the Portal, but authorized to observe the Portal as specified in the Regulations.

 

 

REGISTERING ON THE PORTAL
§3

 

  1. By accessing or using the social functionalities of the Portal, the User agrees to be bound by, and complies with, the Regulations and represents that the User understands and can agree to the Regulations. If the User does not agree to be bound by, and comply with, the Regulations, the User is not permitted to access or use the social functionalities of the Portal.
  2. For greater certainty, the Portal may only be used, if:
    1. the User has voluntarily agreed to be bound by the Regulations; and
    2. the User is employed by one of the companies of Capital Group KGHM Polska Miedź, regardless of the type of the contract.
  3. By using the Portal, the User confirms that he or she is familiar with the content of the Regulations and accepts the content voluntarily.
  4. The User's use of the Portal, use of the provided Services and access to the Portal's functionalities, including publishing materials or accessing selection information by the User, is deemed to be voluntary and free.

 

LIABILITY AND THE ACT
§4

 

  1. The Administrator shall not be liable for any liability or damages arising out of the fact that incorrect or false data or an incorrect e-mail address were provided by the User.
  2. By providing the personal data voluntarily, the User gives his or her consent to the processing of such personal data within the scope determined by the Administrator as may be necessary in order to use the Portal.
  3. By logging onto the Portal, the User accepts the contract for the provision of services in accordance with the provisions of the Act with respect to the provision of services.

 

EQUIPMENT
§5

 

  1. In order to use the Services on the Portal, the User will need appropriate equipment with access to the Internet and the Internet browser capable of displaying websites (it is recommended that the User use such Internet browsers as Internet Explorer 9 or higher or a comparable Internet browser).
  2. Before accessing the Services, the User who is using a computer that is not provided by one of the companies of the Capital Group KGHM Polska Miedź shall be obliged to verify with one of the companies of the Capital Group KGHM Polska Miedź, as applicable, if the computer equipment fulfils the technical requirements as specified in the Regulations.

 

PORTAL ADMINISTRATOR
§6

 

  1. KGHM is the owner of the Portal, the Portal Administrator and the Personal Data Administrator.
  2. Any and all technical remarks on the functioning of the Portal may be reported electronically to the e-mail address: pomoc.copi@kghm.pl, or by phone at 767480788.
  3. The Administrator and its authorized Moderators shall have the right to delete any content, including comments made by Users, from the Portal which is not related to the subject matter of the Portal and violates, in their opinion, the provisions of the Regulations. The Administrator and its authorized Moderators are authorized to close specific discussions on the Portal.
  4. In the event that an entry starting a discussion is deleted by the Administrator or its authorized Moderator, the topic of the entry may be unavailable, irrespective of the content of other entries.
  5. The Administrator and the Moderators shall be the only persons authorized to evaluate the content and make decisions on whether the User has violated the Regulations.

 

CONTENT
§7

 

The Portal and the materials published by the Administrator and the Moderators shall be protected in accordance with the KGHM IT security policy. The content on the Portal shall be protected by the copyright law.

 

 

RIGHTS OF THE USER
§8

 

  1. Each User shall have the right to:
    1. browse the content of the Portal;
    2. comment on and evaluate articles or place their own content and files in available sections of the Portal;
    3. report abuse and any and all mistakes identified on the Portal;
    4. use forms available on the Portal; and
    5. request that the Moderator delete the User's entries from the Portal.
  2. The User shall have the right to withdraw from the contract without providing reasons.
    1. The User may withdraw from the contract within 14 days from the date the User accepted to be bound by the Regulations by clicking to accept the Regulations and formed the contract for the provision of services.
    2. To withdraw from the contract for the provision of services, the User must submit a declaration, the form of which is (i) available under the following addresses: extranet.kghm.com, intranet.kghm.web, (ii) available on the form specified in Annex 2 to the Consumer Rights Act (i.e. Journal of Laws of 2014, item 827); or (iii) attached hereto as schedule "A". The declaration may be sent by post to the address of KGHM or made directly in the registered office of KGHM.
    3. In order to meet the withdrawal deadline, it is sufficient for the User to send the declaration about the withdrawal from the Services to the address: pomoc.copi@kghm.pl. Once received, the Administrator shall send the confirmation of the receipt of the declaration about the withdrawal from the contract by electronic mail to the User's e-mail address without any delay.

 

OBLIGATIONS OF THE USER
§9

 

  1. By using the Portal, each User shall be obliged to adhere to the provisions of these Regulations, the valid law, as well as social norms.
  2. The User shall be responsible for the comments and opinions that the User publishes on the Portal. The Administrator is not liable for any content placed on the Portal by the Users. The Administrator is not liable for the violation of any rights of third parties to any materials and content placed by the Users beyond the extent specified in valid provisions of the law.
  3. The User must not:
    1. use the Portal in a way which may have an impact on stability and security of the Portal by doing such things as using computer codes, scripts or software, and automating the use of available Services;
    2. use the Portal contrary to the law, or in a way which infringes upon personal interests of other Users or other third parties, in particular by making threats, posting offensive and obscene content or promoting hate and discrimination;
    3. reproduce, copy, publish, place on the market in any other way, or distribute the content published on the Portal by the Administrator or the Moderators, in total or partially, in particular by way of transmitting or making available the content on computer systems and networks or any other communication and information systems;
    4. publish and process any information classified as protected in accordance with the law or other valid internal regulations in the companies of the Capital Group KGHM Polska Miedź;
    5. make his or her username and password available to any other person;
    6. publish any text, graphic or sound materials on the User's own profile, which violate the law or interests of any third parties protected by the law. The User, placing any material on the User's profile, including a photo with his or her image, represents and warrants to KGHM that it possesses the economic copyright to the materials or the licence purchased from the subject which has the copyright to the extent which is necessary to distribute it in Internet servers; and
    7. place any marketing messages and commercial information on the User's profile, including place sale offers of goods and services.

 

DEACTIVATION OF THE SERVICES
§10

 

  1. The User may stop using the Services by deactivating them at any time, in particular due to an amendment of the Regulations.
  2. In order to deactivate the Services, the User shall fill out the appropriate electronic form which is available under the following addresses: extranet@kghm.com or intranet@kghm.web.
  3. The Administrator is authorized to deactivate the Services for a User, if
  1. the User ceases to be employed by one of the companies of the Capital Group KGHM Polska Miedź;
  2. the User uses the account contrary to the law or these Regulations.
  1. In the event that the User's Services are deactivated, any entries of the User on the Portal will not be deleted except at the discretion of the Administrator. After the deactivation of the Services, the entries of the Users will continue to be visible to other Users and Observers as entries of the "deleted account". The Administrator will have the right to retain information about the author of the entries at the same time.
  2. The deactivation of the User's Services shall be deemed to be the cancellation of the contract for the provision of services between the parties.

 

REMARKS ON THE FUNCTIONING OF THE PORTAL
§11

 

  1. Each User has the right to report complaints or make requests related to the Services to KGHM. 
  2. Complaints or requests shall be submitted on the form which is available on the following websites: extranet.kghm.com or intranet.kghm.web.
  3. KGHM will consider the complaint or request within 14 days from its receipt. 
  4. KGHM will respond to the complaint or request to the address provided by the User. 
  5. KGHM reserves the right to prolong the term specified in point 3 by no more than 14 days, if it is necessary to collect special information in order to consider the complaint or request, or KGHM encounters any obstacles which are not the fault of KGHM (failures of equipment, Internet network, etc.). KGHM may request additional information from the User in order to further consider the complaint or request. The period for KGHM to consider the complaint or request shall be prolonged by the period of time the User takes to respond to KGHM's request for additional information.

 

RIGHTS AND RESTRICTIONS OF THE OBSERVERS
§12

 

  1. Both the User's profiles (including their photos used as an avatar of their accounts) and contents placed by the Users on the Portal and the discussions conducted thereon will be visible by the Observers.
  2. The Observers are not authorized to participate in the Portal actively, in particular they may not add entries to the discussions on the Portal.
  3. The Moderator shall be authorized to highlight a part of the discussions on the Portal as unavailable to the Users. In such situation, the individuals may not use their rights as specified in § 12 point 1 and 2.

 

PRIVACY POLICY AND PERSONAL DATA PROTECTION
§13

 

  1. By publishing his or her own content and materials voluntarily on the Portal, the User gives their consent for the further use of such content and materials by other Users, including the publishing and copying of such content and materials.  Such content is deemed to be classified as non-confidential and not restricted for the use by any other Users and Observers.
  2. In the event that a User places or submits to the Administrator any content to be published on the Portal, the User grants to the Administrator a free, non-exclusive licence for unlimited time and territory with the right to grant further sub-licences to use the work for the time it is placed on the Portal, for the following fields of exploitation:
    1. recording by means of any technique (in any system, format and on any carrier), including in print, on a photographic plate, on a magnetic tape, digitally;
    2. reproducing by means of any technique (in any system, format and on any carrier), including in print, on a photographic plate, on a magnetic tape, digitally;
    3. placing on the market;
    4. introducing into a computer memory, a computer and/or multimedia network or data bases;
    5. making available in public in such a way that everybody may have access to the work and objects of related rights from a place and at a time individually chosen by them (including by publishing on the Internet and on any websites);
    6. performing in public;
    7. reconstructing in public (including by means of any analogue and/or digital equipment, in particular with storing and reading functions of audio and/or video files, such as computers, radio and television receivers, projectors, fixed and mobile phones, PM3 players, iPod, iPhone, etc.);
    8. exhibiting and displaying; and
    9. recording, reproducing and using the above for promoting the Portal and for other information systems of the Administrator.

 

INFORMATION
§14

 

  1. System information related directly to the User's visit on the website will be stored within the system logs including the IP address of the computer which is used for browsing the Portal.
  2. KGHM reserves the right to collect additional information (usually transmitted by the browser) in order to adjust the appearance of the Portal to the preferences of the Users, the type of the browser and the preferred language. KGHM reserves the right to use Cookies in order to analyse the attractiveness of the contents and elaborate other statistics.

 

EXTERNAL WEBSITES
§15

 

The Portal may contain links to external websites and their components, which may include mechanisms or content from external suppliers or managed by external suppliers. The User shall use the above mentioned websites at the User's own risk. KGHM shall not be liable for the accuracy, validity and completeness of the data provided on the websites which may be accessed through the Portal.

 

THIRD COUNTRIES
§16

 

  1. The Administrator shall process any personal data of the Users in accordance with valid provisions of the law, in particular in accordance with the Act.
  2. Each Portal User that provides information about his or her personal data, shall have the right to access, amend, update, complete the data, as well as report the cessation of their processing, raise an objection to processing personal data in accordance with Art. 32(1) point 7 and 8 of the Act. In order to do that, the User shall send an e-mail to the Administrator to the address: pomoc.copi@kghm.pl. In order to exercise the rights of the Portal User, it is necessary to submit his or her personal data to other Users of the Capital Group KGHM Polska Miedź, including the Users from third countries.
  3. Personal data shall be transmitted to third countries in order to exercise the rights of the Portal User and at his or her request.

 

FINAL PROVISIONS
§17

 

  1. KGHM shall reserve the right to amend these Regulations at any time. Any and all amendments shall enter into force upon their publication on the Portal.
  2. The Administrator shall inform the Users about any amendment at least 7 days in advance. By using the Portal after the amendments, the User agrees to be bound by the amended Regulations, to the extent specified in valid provisions of the law.
  3. Any and all legal relations arising out of using the Services by the Users shall be subject to Polish law. 
  4. These Regulations shall be always available for downloading in an electronic PDF format under the following addresses: extranet.kghm.com or intranet.kghm.web.

 

§18

 

The Regulations shall come into force upon their publication on the Portal.