Terms of use of the Platform purchasing of 25.05.2018

1. Definitions:

Definitions used in the Terms of Use mean as follows:

Terms of Use - These Terms and Conditions for using the Platform.

Purchasing Platform - The web service of closed character, carried out by the Platform Operator, on which electronic auctions are held, enquiries are delivered and commercial offers are submitted and other commercial services are provided.

Procurement proceeding – Enquiry, electronic auction and an advertisement published on Purchasing Platform.

System Administrator – Logintrade S.A. with the head office in Wrocław, 53-680 Wrocław, ul. Braniborska 2/10, entered into the register of Enterpreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, VI Commercial Division of the National Court Register, KRS (National Court Register) 0000438056, NIP (Tax Identification Number) 8942953589, REGON (National Business Registry Number) 020811830.

Platform Operator - LT Serwis sp. z o.o. with the Head Office in Warszawa, 00-644 Warszawa, ul. Polna 48/11, entered into the register of Entrepreneurs of the National Court Register, kept by the District Court for the Capital city of Warszawa in Warszawa, XII Commercial Division of the National Court Register, KRS (National Court Register Number) 0000311815, NIP (Tax Identification Number) 8992656072, REGON (National Business Registry Number) 020811361 –Entity responsible for issues related with personal data processing, especially: collecting and handling reports, communication with Supplier and the Purchaser, Supplier database management etc..

Electronic auction - Proceedings, during which Suppliers submit subsequent most favorable offers (increments), subject to automatic classification on the basis of price or other parameters defined by the Purchaser on the Purchasing Platform - .

Enquiry - Turning to the Supplier with a request for presentation of terms, information or proposition in relations with needs and condition included in the enquiry.

User - Entity that accepted terms and conditions and registered in the Purchaser’s supplier database, for which the account has been created, and that obtained access to services provided within the Purchasing Platform.

Purchaser - User of the purchasing Platform that sends Enquiries, collects commercial offers and organized Electronic Auctions.

Electronic Auction Participant - User to which an enquiry is directed and that submits commercial offers and takes part in electronic Auction as seller of goods or services.

Supplier - User to which an enquiry is directed and that submits commercial offers and takes part in electronic Auction as seller of goods or services.

Observer - User that uses the Purchasing Platform and that does not take active part in electronic Auction.

Account - Kept for the User under the unique name (login) and secured by the password that is a set of resources, in which collected are data and information about its actions under Purchasing Platform.

Commercial offer - Statement of will of the Supplier submitted within term indicated by the Purchaser for accepting offers in reply to Enquiry on the Purchasing Platform.

Bid of the electronic auction - Statement of will of the Supplier, submitted during the electronic Auction on the Purchasing Platform. If during the electronic Auction the Supplier may submit many bids, the bid submitted previously is no longer binding within the scope within which it submitted a more favorable bid.

Bid - Commercial offer or an Offer during the electronic auction.

2. Purchasing Platform Terms of Use :

  1. The participation in Electronic Auctions or Bids submitted in reply to Enquiries with the use of Purchasing Platform is possible only for registered Users.
  2. The Supplier to which an enquiry has been sent during the closed Purchasing proceedings, namely proceedings during which Bids may be submitted only by these Users to which the Enquiry has been directed, is not entitled to share its content in whole or in parts to any third parties without a consent of the Purchaser.
  3. The user may be any natural or legal person, organizational unit without legal entity, organizational unit that is not a legal person, which the Act grants legal capability, that accepts Terms and Conditions and registers on the Purchasing Platform.
  4. Registration and participation in the proceedings within the Purchasing Platform are free of charge.
  5. The subject of the Enquiry, commercial Offer and electronic Auction may be only goods and services free trade of which is not forbidden by law.
  6. Any actions impeding the operation of the Purchasing Platform or impacting its stabile behavior are forbidden.

3. Electronic auctions and offers in the electronic auction:

  1. E-auctions run within the Purchasing Platform are not auctions as understood by the civil code.
  2. The Supplier is bound by the last Commercial Offer submitted during the Electronic Auction regardless of the fact of outbidding this Bid by another Supplier.
  3. The Supplier is bound by the content of the Bid submitted during the electronic Auction within terms and conditions indicated in rules of a given electronic Auction.
  4. 4. Type of Electronic Auction applied and rules for its performance with the use of Purchasing Platform are defined by the Purchaser which especially determines:
    1. Subject of the electronic Auction and requirements regarding conditions for its realization,
    2. Bid evaluation criteria,
    3. Terms for opening and terms of closing the electronic Auction,
    4. minimum increment values,
    5. Terms and conditions of binding by the Bid,
    6. Terms for participation in an electronic Auction.
  5. Information mentioned above shall be available to Suppliers in an invitation to the electronic Auction.
  6. Instructions for participation in the electronic Auction shall be available in the invitation.
  7. During the electronic Auction, bid price and point evaluation of the Bid submitted by the Supplier and Bid price or point evaluation of the most favorable bid shall be presented.
  8. The Purchaser and Operator reserve a right not to disclose the number, names of Suppliers and participants of the auction and the value of point evaluation of Commercial Offers.
  9. The Supplier is entitled to change the conditions or cancel the electronic Auction before its commencement and to revoke or withdraw from the electronic Auction in whole or in part also after its conclusion and to end the electronic Auction without selecting any offers.
  10. The Purchaser reserves a right to finally select a Supplier. Conclusion of the electronic Auction automatically means granting the knock-down.
  11. Electronic auctions are carried out in NET or GROSS prices – rules and conditions of submission of Bids are determined by the Purchaser.
  12. The Purchaser reserves a right not to reply to submitted Bids. No reply within a term of binding of the Bid means that the Bid has not been accepted.

4. Enquiries and Commercial Offers:

  1. The Supplier is bound by the content of the Competitive offer they have placed in terms of the validity period and the conditions included in the Enquiry.
  2. The Purchaser is entitled, in any time, to change conditions or cancel or withdraw or revoke in whole or in part the Enquiry submitted with the use of Purchasing Platform.
  3. The Purchaser shall make decision regarding possibility to change commercial Offers submitted by the Suppliers before the term for submission of Bids.
  4. Bids submitted after the term may not be considered during the selection process.
  5. The Commercial offers are submitted in net or gross prices – the Buyer specifies the Offer submission principles and conditions.
  6. The Purchaser reserves a right not to reply to submitted Bids. No reply within a term of binding of the Bid means that the Bid has not been accepted.
  7. The Purchaser reserves a right not to reply to a submitted Bid. No reply within a term of binding of the Bid means that the Bid has not been accepted.

5. Confirmation of bid selection results, basis for realization:

  1. Offer selection results are approved by the Buyer.
  2. The Buyer reserves the right to revoke, in whole or in part, the conducted proceeding if:
    1. the price of the most favorable Bid is higher than the price that the Purchaser determined for financing the order,
    2. Submission of the bid is not in the best interest of the Purchaser,
    3. Proceedings are faulty and as a result it is impossible to conclude the final agreement.
  3. The Suppliers of the Bid shall be informed about the results via electronic channel.
  4. The basis of the realization of the accepted Bid shall be agreement signed by the Purchaser or a written order sent to the Supplier within a term of binding of a Bid.
  5. The Suppliers are not entitled to appeal against results of selection of Bids except for situations when it is defined in documentation connected with Purchasing Proceedings.

6. Obligations and Responsibilities of the Operator:

  1. The Operator provides incessant acces to the Purchasing Platform, except for the technical breaks, necessary for the Platform's operation.
  2. The Operator is obliged to inform all the Users about any additional paid services that have been introduced into the Purchasing Platform, as well as not to charge any fees unless a service has been ordered by the User.
  3. Subject to the provisons of the limitations resulting from the generally applicable law, the Operator does not bear responsibility for the damages occuring in relation with the Purchasing Platform, its usage, inability to use it by any of the Users, its defective functioning, faults, deficiencies, interferences, defects, delays in operation and transfer, computer viruses, system or line failures.
  4. The Operator shall not be responsible for behavior of Users within the service or for improper execution or failure to execute agreements concluded as a result of an electronic Auction or Commercial Offers submitted, as well as it is not responsible for consequences of actions taken by Users and third persons which constitute violation of these Terms and Conditions.
  5. In particular, the Operator is not responsible for:
    1. quality, security, or legality of the goods or services provided by the Suppliers,
    2. authenticity and truthfulness of the information provided by the Users,
    3. not concluding a contract by the Users,
    4. impediments or incapability to participate in an electronic auction or submission of a Bid due to reasons beyond the capability of the Operator,
    5. damages resulting from the lack of execution or inadequate execution of contracts concluded by means of the Purchasing Platform, as well as damages resulting from other Users' activities or negligence.
  6. The Operator is not responsible for disclosing the account name and the password to the Purchasing Platform to third parties by the Supplier.
  7. The Operator is not a party within thr scope of agreements concluded between Purchasers and Suppliers, and especially shall not be responsible for any claims of the Users that concluded an agreement due to auction or on the basis of commercial Offers or Bids Submitted, carried out via Purchasing Platform.
  8. The Operator is not a competent institution for settling conflicts between the Buyer and the Supplier.
  9. The disputes between the Suppliers and the Operator shall be settled by the courts competent for the city of Wrocław.

7. Data protection within the scope of processing by the Purchaser:

  1. The co-controller of personal data is: Grupa LOTOS S.A. with its head office on ul. Elbląska 135, 80-718 Gdańsk, LOTOS Asfalt Sp. z o.o. with its head office on. Ul. Elbląska 135, 80-718 Gdańsk, LOTOS Kolej Sp. z o.o. with its head office on ul. Michałki 25, 80-716 Gdańsk, LOTOS Infrastruktura S.A. with its head office on ul. 3-go Maja 101, 38-200 Jasło, LOTOS Lab Sp. z o.o. with its head office on ul. Elbląska 135, 80-718 Gdańsk, LOTOS Ochrona Sp. z o.o. with its head office on ul. Elbląska 135, 80-718 Gdańsk, LOTOS Oil Sp. z o.o. with its head office on ul. Elbląska 135, 80-718 Gdańsk, LOTOS Terminale S.A. with its head office on ul. Łukasiewicza 2, 43-502 Czechowice-Dziedzice, LOTOS Serwis Sp. z o.o. with its head office on ul. Elbląska 135, 80-718 Gdańsk, LOTOS Straż Sp. z o.o. with its head office on ul. Elbląska 135, 80-718 Gdańsk, LOTOS Petrobaltic S.A. with its head office on ul. Stary Dwór 9, 80-758 Gdańsk, LOTOS Upstream Sp. z o.o. with its head office on ul. Elbląska 135, 80-718 Gdańsk, LOTOS-Air Bp Sp. z o.o. with its head office on al. Grunwaldzka 472 B 80-309 Gdańsk, LOTOS Paliwa Sp. z o.o. with its head office on ul. Elbląska 135, 80-718 Gdańsk.
  2. The co-controllers of data appointed the Grupa LOTOS S.A. data protection officer, who may be contacted at: iod@grupalotos.pl in all cases of matters concerning personal data processing and exercising rights related to data processing.
  3. The collected personal data shall be processed for the purpose of current and future proceedings regarding selection of Bids and potential further actions that lead to conclusion of the agreement, and to invitations to submit Bids being sent, acceptance and analysis of the same during the purchasing processes carried out by Grupa Kapitałowa LOTOS, reported on the Purchasing Platform .
  4. The legal basis for processing of personal data of the User by the co-controller for purposes indicated above is his/her consent expressed in a separate statement in accordance with art. 6(1)(a) of GDPR, and also a legally justified interest of the co-Controller in accordance with art. 6(1)(f) of GDPR, related to creation of database of contacts with potential contractors.
  5. The personal data shall be shared within Grupa Kapitałowa LOTOS, which consists of the co-controllers listed above. Moreover, the data may be forwarded to the entities that process personal data upon request of the co-controllers, including entities that handle IT system used for the purpose of tender proceedings, whereas such entities process personal data on the basis of agreements with co-controller and only in accordance with its instructions. The data may be shared with legally-authorized entities.
  6. The data shall be processed during the entire proceedings related to selection of an Offer, and after these proceedings are concluded, for the entire period of the agreement and a legal possibility to make claims against performance of the agreement, participation in purchasing proceedings and for the entire period when it is possible to prevent frauds and violations, not longer however than 10 years after the period of the agreement or termination of the Purchasing Proceedings without conclusion of an agreement.
  7. The user shall be entitled to access the contents of its data and to clarify, delete, restrict such processing, to transfer or to object processing of his/her personal data in so far as the legal basis for processing is a legally justified interest of the co-controllers. In so far as the legal basis for personal data processing is a consent, the User is entitled to withdraw his consent. Such withdrawal does not affect the compliance with a right of processing that was carried out on the basis of such consent before its withdrawal.
  8. The User is also entitled to submit complaint to the Head of the Personal Data Protection Office.
  9. Provision of personal data by the User is voluntary. Denial of provision of the same results in inability to take part in purchasing processes organized by companies included in Grupa Kapitałowa LOTOS.
  10. The data may be processed in an automated manner. Potential profiling is carried out on the basis on data provided by the User, especially data related to services provided. The data provided shall not be used for the purpose of automation of the decision making.

8. Protection of personal data in the scope of processing by the System Administrator and the Operator:

  1. As regards the management of the procurement platform, the controller of the data concerning the Suppliers, Contractors and Customers of the Buyer registered on the procurement platform is Logintrade S.A. with its registered office in Wrocław (System Administrator), e-mail address: kontakt@logintrade.pl, who entrusts the data processing to LT Serwis sp. z o.o. with its registered office in Warsaw (Platform Operator).
  2. IN cases related with data protection within the scope of processing of the same by Logintrade S.A. and LT Serwis sp. z o.o., contact the Data Protection Inspector, email: ochronadanych@logintrade.com.pl.
  3. Users’ data is processed by Logintrade S.A. and LT Serwis sp. z o.o. on the basis of the consent given by them during the registration process solely in order to ensure the functionality of the Buyer's procurement platform.
  4. The Controller does not envisage sharing the processed data with third parties, except as provided by law.
  5. Personal data is processed for the period necessary to perform the service, unless otherwise provided by law.
  6. Personal data is provided by the User voluntarily, however, its provision is a necessary condition for using the Procurement Platform.
  7. In view of the data processed by Logintrade S.A. the User shall be entitled to all rights provided for in point 7, par. 7-10.
  8. Logintrade S.A. with its registered office in Wrocław performs the functions of the Procurement System Administrator and performs tasks related to ensuring the proper functioning of the Procurement Platform.
  9. LT Service with its registered office in Warsaw performs the functions of the Platform Operator and performs tasks related to the processing of personal data as part of the operation of the Procurement Platform.

9. Enterprise Secret:

  1. The Purchaser declares that any technical, technological and organizational information of the company undisclosed in accordance with the law, as well as any other information of economic value to a Purchaser that are shared with the User due to use of Purchasing Platform, constitute legally protected company secret of the Purchaser.

10. Final Provisions:

  1. The Terms of Use become binding for the User upon registering in the Buyer's Supplier database and creating an Account wihtin the Purchasing Platform.
  2. The Operator may suspend an Account for a determined or indetermined period of time in case the User's activities are in breach with the Terms of Use, have negative impact on the Purchasing Platform image or are in any way harmful to the Operator or the Buyer.
  3. IN cases not regulated by these Terms and Conditions, the proper provisions of GDPR, Civil Code shall apply as well as executive provisions issued on the basis of the same.