Regulations

§1

Introduction

These Regulations define the principles of operation and use of the dataportal.online internet portal which is available at https://dataportal.online/en and is run by Inventia Sp. z o.o. as a paid Portal for users of Telemetry Modules. The provisions of the Regulations, the Privacy Policy, and any attachments and additions that are its integral parts, together with the provisions of the law in force in the territory of the Republic of Poland and the European Union, exclusively define the rights and obligations of Users, as well as the rights, obligations, and scope of liability of entities having rights to keep and administer services made available via the dataportal.online portal.

Dataportal.online is intended only for the Account Owners who are entrepreneurs, to be used for purposes directly related to their business or professional activity.

The condition of use of the Portal by the Account Owner and Users is to read the Regulations and the Privacy Policy, then accept all the provisions of these documents, and be obliged to use the Portal under their provisions. Upon acceptance of the Regulations and the Privacy Policy, a legally binding Agreement for the use of the Portal is concluded between the Account Owner and the Portal Operator. The Portal Operator reserves the right to refuse to agree with the Account Owner for any reason, in particular, in cases when the Account Owner’s account has been previously deleted due to a violation of the Regulations or the Privacy Policy.

If you do not accept any of the provisions of the Regulations or the Privacy Policy, you should not activate the Account or use the Portal.

§ 2

Definitions

Any capitalized words whose meaning is defined below should be understood as follows:

Regulations – this document with all related attachments and supplements.

Privacy Policy – a document informing how we process personal data of people using the Portal, available at https://dataportal.online/en/privacy-policy

dataportal.online hereinafter also referred to as the Portal – website available at https://dataportal.online/en consisting of some elements specific to online platforms and a set of services provided online;

Portal Operator – the entity managing and running the Portal.

Telemetry Device / Module – a product compatible with the Portal, being a source of measurement data. The list of compatible devices is provided in Appendix 2.

Account owner – a natural or legal person who has at his disposal the Devices authorizing to use the Portal. The Account Owner is also its User.

Account – an area in the Portal created by the Account Owner or upon his request by the Portal Operator, through which he or persons authorized by him can manage his own Devices using the Portal functionality, and manage the access rights to data sent by the Devices.

Account name – the Account name, unique in the Portal, chosen by the Account Owner.

Account Administrator – a natural person to whom the Account Owner has entrusted the Account management function on the Portal.

User – a natural person authorized by the Account Administrator for individual access to the Account and data received from the Devices.

User ID – the name entered and the User's e-mail address.

Password – a sequence of at least 6 characters selected by the User, the entering of which is necessary to log in to the Account as the selected User.

Account Profile – a set of information, data, and other elements presenting and describing the Account Owner, voluntarily provided to the Portal by the Account Administrator.

User Profile – a set of information, data, and other elements presenting and describing the User's person, provided to the Portal voluntarily by the User or the Account Administrator.

Content Elements – Tools on the Portal that receive, process, save and present data from Devices. The Content Elements are used by the User to create a system according to his needs within the Account. A fee is charged for the use of Content Elements.

Synoptics – the content created by the User in the form of animated synoptic screens, enabling the presentation of data acquired in the Portal. Synoptics is one of the Content Elements.

User Panel – a website available to the User after successful login to the Portal and allowing, depending on the rights granted to the User, to prepare, configure and watch animated screens (Synoptics), manage his Profile and, if the Account Administrator has such rights, Profiles of other Users assigned to the Account.

Activation Code – a sequence of alphanumeric characters confirming the authorization data entered by the Account Owner or the User during the procedure of registering the Account elements.

Designer – an application that is part of the Portal, which allows Account Administrators or authorized Users to create their animated synoptic screens (hereinafter Synoptics) following the documentation provided by the Portal Operator.

RUN mode – an application that is part of the Portal, which allows authorized Users to run animated screens (Synoptics) in the active animation mode (Online Preview).

inPoint – a billing unit intended to pay the costs of using the Portal, the positive balance of which allows access to Content Elements, receiving data from Devices, and delivering content via the Internet to the User's IT resources. The inPoint unit is provided by the Portal Operator in form of packages and is not refundable or exchangeable. InPoint packages are available from the Portal Operator.

Billing – a place on the Portal where the Account Administrator or an authorized User can find out at any time what costs of using the Portal are currently charged to the balance of available inPoint resources. Billing provides detailed data on all components that affect the cost of using the Portal by the User.

Notifications – an application that is part of the Portal that allows you to send SMS or e-mail to the phone numbers entered and configured by the User. From these Notifications, the User can learn at any time about the irregularities in the operation of his Account (emergency notifications), about exceeding the thresholds set by the User (alarm notifications), or about changes in the functioning of the Portal (information notifications).

Support / Documentation – places on the Portal where the User can find out at any time how to carry out specific activities to achieve the desired goals.

DataPortal Partner – an external company with a signed Partnership Agreement with the Portal Operator, providing services to the Portal.

§ 3

Basic information and technical conditions for using the dataportal.online Portal

1. The operator of the Portal is Inventia Sp. z o.o. with headquarters in Warsaw (02-822), Poleczki 23, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, 20th Commercial Division of the National Court Register under the KRS number 0000023113, VAT ID 9512017534, REGON 01731139100000, with share capital PLN 50,000.00, entered in the Register of Telecommunication Entrepreneurs under the number 6876.
2. The main operational purpose of the Portal is to provide authorized Users with data from Devices compatible with dataportal.online. Also, through the Portal, other services related to the subject of the Portal are or may be provided to the Users in the future, paid or free of charge.
3. To access the data provided by the Portal, it is necessary to have MT/ML series of Telemetry Devices or access rights received from the owner of such Devices, and a computer or mobile device with Internet access.
4. To manage the Account in the Portal, it is necessary to have the appropriate permissions granted by the Account Owner and the devices with Internet access, allowing to run the web browser, enabling the display of websites (it is recommended to use the Chrome, Mozilla, or Opera web browsers of the currently available versions, with enabled cookies). It is also required to have the access to an e-mail to register and activate the Account.
5. Using the basic functionality of the Portal referred to in §3 point 2 is voluntary and only possible for holders of a positive inPoint balance.
6. Additional services offered by the Portal may be provided only at the express request of an authorized User, if required, after paying an appropriate fee, following a separate offer of the Portal Operator or through an authorized DataPortal Partner. Ordering the service to be provided by the DataPortal Partner involves agreeing to the transfer of Data to the DataPortal Partner, following §3 point 2 of the Personal Data Processing Agreement, which is given in Annex 3 to the Regulations.
7. The database of Account Profiles and User Profiles is subject to legal protection, and the administrator of personal data (within the meaning of the Personal Data Protection Act, published in Journal of Laws 2019.1781 of 2019/09/19) of the profiles is Inventia Sp. z o.o. with its registered office in Warsaw at Poleczki 23 street. Each Account Profile and User Profile is created, modified, and possibly deleted directly by authorized Portal Users.

§ 4

Purpose of the Portal

1. The main purpose of the Portal is to share data sent from Devices. Data from Devices assigned to the Account are available only to the Users authorized by the Account Owner.
2. Data from Devices are shared on the Portal from the moment they are sent by the Device for a period depending on the selected data storage payment, after which they are irretrievably deleted.
3. The shared Data from the Devices is decoded and remains in the Portal resources in an open format. Data from Devices are used for statistical purposes only for the internal use by the Portal Operator.
4. At the request of the authorized User of the account, data from the Devices may be shared continuously or incidentally to the DataPortal Partner to use the information contained therein to provide paid or free services to the Account Owner in connection with the purpose of the Portal.

§ 5

Use of the Portal

1. The Portal may be used by the Account Owner who owns Devices with a starting package of inPoint units, who, after accepting the provisions of the Regulations, will complete the registration procedure on the Portal ending with the effective creation of an Account, or a natural person authorized to access the Portal by the Account Owner, i.e. the Account User. Through the registration procedure completed with the effective creation of an Account, the Account Owner concludes an Agreement to use the Portal with the Portal Operator.
2. For proper use of the Portal, setting up an Account, and downloading data from Devices, Internet access is required. The quality of the services provided by the Portal largely depends on the speed of the Internet connection. It is recommended to use connections of a speed of over 100 Mbit/s.
3. The Account registration procedure as well as assigning and activating Devices to the Account is performed by the Account Owner or a person authorized by him via the User Panel.
4. The options available to the User from the User Panel depend on the level of rights granted to the User by the Account Administrator, and only the Account Administrator level allows to perform all operations available in the Account without restrictions.
5. Account registration requires an e-mail address as the only code allowing the identification of the Account Owner, Users authorized to access, or Devices assigned to the Account.
6. The person registering the Account automatically becomes the Account Administrator.
7. Each Account in the Portal has a unique name, which means that it is not possible to create multiple Accounts under the same name.
8. Each newly activated Device must be assigned to a specific Account. It is not possible to assign a Device to more than one Account, which means the data from the Device is available only to Users who have access rights to the Account to which the Device has been assigned. This limitation is intended to prevent access to data from the Devices by persons not authorized by the Account Owner. The Account Owner retains full control over access to the Account and related data from Devices.
9. Full responsibility for unauthorized access to the Account rests with the Account Owner.
10. By completing the registration procedure in the Portal, resulting in the creation of the Account, the Account Owner ensures and declares that:

10.1.    He has read and accepted the content of the Regulations and the Privacy Policy without any exceptions;

10.2.    He agrees to read, record, store, transmit or otherwise use the content covered by telecommunications confidentiality, if it is the subject of using the Portal, following art. 159 sec. 2. Points: 1 and 2 of the Telecommunications Law (Journal of Laws 2019.2460, i.e. of 2019.12.20);

10.3.    All data, including personal ones and data identifying the Account Owner or Users, as well as other information that make up the Account Profile and User Profile, is provided to the Portal voluntarily and entrusts the Portal Operator with the processing of personal data necessary to provide services related to the purpose of using the Portal on the principles set out in the Personal Data Processing Agreement, which is attached as Annex 3 to the Regulations;

10.4.    By providing an e-mail address, he agrees to receive e-mails to this address containing the procedure for completing registration, resetting the password to access the Account, and other activities related to the management of the Account.

10.5.    By selecting the "Yes" option for the "Correspondence" parameters in the User Profile, he accepts the receipt of commercial information from the Portal Operator and its business partners to the provided e-mail address.

11. The information provided by the User to the Portal during the registration or editing of the Account Profile or User Profile is not moderated by the Portal Operator. It means that the entire responsibility for the correctness of the data entered herein rests with the persons who register or edit.
12. Each User with the rights of an Account Administrator may at any time remove the Account from the Portal. Along with the deletion of the Account from the Portal, the following will be permanently and irretrievably deleted: Account profile, User profiles, Device profiles, Synoptics, and other elements activated or created in the Account.
13. The Portal Operator, who is the Account Administrator, will immediately remove the Account from the Portal at the request of the Account Owner unless it is not possible to delete the Account due to the negative balance of the inPoint Package.
14. Deletion of the Account means the termination of the data access service from the Account Owner's Devices and any or some paid Portal services purchased by the User if for technological or system reasons it is necessary to have an Account on the Portal. By deleting the Account, the Portal Use Agreement is terminated. Removal of the Account is not possible when the balance of the inPoint Package is negative.
15. A device removed in any way from one Account may be registered on another Account using the same Activation Code.
16. The Portal Operator has the right to delete the Account at any time in the case of breach of the Regulations, Privacy Policy, or other rules resulting from generally applicable law by the Account Owner or its Users.

§ 6

Complaints

1. Disruptions in operating of the Portal are subject to complain. The User can report the dysfunctions to the Portal Operator using the form available on the DataPortal website at the link https://dataportal.online/en/support.

2. In the same way, you can make a complaint about possible disruptions in the implementation of other services provided on the Portal, unless otherwise provided for in the regulations regarding the provision of a given service with which the complaint is related.
3. Complaints will be dealt with on an ongoing basis by the Portal service team within no more than 14 days from their receipt. Complaints addressed to the Portal Operator and concerning services provided via the Portal by Dataportal Partners will be immediately forwarded to the relevant Dataportal Partners responsible for considering the complaint. In this case, the deadline for considering the complaint may be extended.
4. The Portal Operator reserves the right to interfere with the technical structure of the User Account to diagnose any irregularities in the functioning of the Portal services, and may also make changes and in any other way affect the technical side of the Account, to modify it or restore the correct operation of the Account or the Portal itself.

§ 7

Reservations, Assurances, and Liability

1. The Portal Operator ensures that in good faith he has made all reasonable organizational and technical efforts to ensure that the basic purpose of the Portal, which is to provide data from connected Devices, is fulfilled without any disruptions.
2. The Portal Operator is not responsible in any way, as allowed by applicable law, for the correctness of data provided by the Devices and for the correctness of the information contained in the Account Profile, User Profiles, Device Profiles, and Synoptics.
3. The Portal Operator shall not be liable for any errors in the configuration of Devices by the Users, which result in sending incorrect measurement data, an additional amount of notifications incorrectly configured by the User, or prevent the Portal from correctly receiving the data.
4. The Portal Operator shall not be liable for errors in the Synoptics configuration during their creation and any possible losses of the User in this respect (e.g. incorrect control of the executive element on the site).
5. The Portal Operator reserves the right to disable potentially dangerous Devices, Synoptics, or the entire content of the Account at any time without giving any reason and without asking for the permission of the Account Owner.
6. The Portal Operator will not make available, in any other way than it results from the purpose of the Portal and the scope of granted approvals and declarations, the data from Account Owner's Devices and information contained in the Account Profile, User Profile, Device Profiles or Synoptics, to any other third parties without any basis legal ordering the Portal Operator to do so. The Portal Operator ensures that every effort is made to ensure that such information is properly guarded, in particular in the manner provided for by the Act on the Protection of Personal Data and regulations based on this Act.
7. The Portal Operator will make every effort to ensure that the Portal and all its available services operate continuously without any disruptions. However, it shall not be liable for any disruptions caused by force majeure or unauthorized interference by Users or third parties in the Portal hardware or software structure.
8. The Portal Operator reserves the right to temporarily disable the Portal in full or in part to improve it, add services or carry out maintenance after notifying Users about it, no later than 24 hours before taking planned actions.
9. The Portal Operator is not responsible for the loss of data stored in the Portal IT systems caused by hardware failure, Internet network dysfunction, or loss due to the actions of third parties while ensuring that it has sufficient technical infrastructure to minimize the risk of such loss.
10. The Portal Operator reserves the right to anonymously publish the content of inquiries sent by Users to the Portal service team, regarding issues related to the functioning of the Portal (FAQ) and provided advice, which the Portal Operator deems worth publishing.
11. The Portal Operator reserves the right to use all technical aspects of the Portal to provide Users with relevant information on the functioning of the Portal or Devices cooperating with the Portal. Thus, the User agrees to add information content to the data stream sent to the User from the Devices, then presented on the User computer or mobile devices.
12. It is forbidden, without the written permission of the Portal Operator, to copy, duplicate or any other use, in whole or in part, of information, data or other content from the Portal, except in cases of fair use resulting from the Act on Copyright and Related Rights (Journal of Laws 2019.1231, i.e. dated 2019.07.03).
13. The Portal Operator reserves the right to implement functional, identification, or other solutions on all technical and organizational levels of the Portal, which prove to be appropriate to the subject or technical conditions of the Portal, in connection with the possible occurrence of undesirable behavior or events, or threatening the rights or interests of the Users, the Portal Operator or the legitimate interests of other entities, due to the nature of the medium which is the Internet (this is about counteracting such features of the Internet as unpredictable directions or possibilities for the development of technologies that pose threats, the inability to real verification, anonymity, etc.).
14. The Portal Operator reserves the right to assign to another party all or part of its rights and obligations related to the Portal. In the case of a planned assignment, the Portal Operator will inform the Account Owner about this fact at least 14 days in advance and will ask the Account Owner for permission to provide the new entity with the data from the Account Owner’s Devices and information contained in the Account Profile, User Profile, Device Profiles or Synoptics. No consent or objection will result in the removal of the Account and termination of cooperation.
15. Any comments, inquiries and information regarding the Portal may be directed to the Portal Operator at the following e-mail address: bok@inventia.pl or by traditional mail to the address: Inventia Sp. z o.o., Poleczki 23, 02-822 Warsaw.

§ 8

Amendments to the Regulations

1. The provisions of the Regulations may be changed by the Portal Operator without giving reasons, and the new content will be published on the Portal on an ongoing basis in the form of a unified text of the Regulations along with information about their implementation. Acceptance of the new content of the Regulations by the Account Owner and the User takes place by clicking on acceptance in the appropriate field in the Account User data form.
2. Amendments to the Regulations may not limit the previously guaranteed rights of the Account Owner and the User or the Portal's functionalities, unless these changes are a result of changes in the applicable legislation beyond the control of the Portal Operator or are not intended to ensure the security of data from Devices or information contained in Account Profile, User Profiles, or Device Profiles.
3. If the changes to the Regulations are not accepted, the User loses the possibility of accessing the Portal and data from Devices. To determine the further procedure, he should immediately notify the Portal Operator about his decision.
4. The Regulations shall enter into force on January 2021.

Appendix 1

DataPortal Packages

Two types of packages have been developed to support DataPortal:

1. Comfort – designed for companies that have no development resources.

As a part of the package, the Portal Operator offers the User:

• Configuration and connection of telemetry modules to the DataPortal
• Creating an Account and users in the system
• User rights configuration (e.g. operator, observer)
• Preparation of screens using standard graphic elements
• Dedicated technical support
• Data retention for 12 months.

2. Professional – intended for companies with development departments, carrying out implementing projects.

As a part of the package, the Portal Operator offers the User:

• Tools for building a visualization system
• Account administrator rights
• Technical support for integrators at the system construction stage
• Creation of the customized graphic objects
• Creation of full graphic visualization
• Training program on the use of tools in DataPortal
• Data retention with flexible period configuration.

Table comparing the two packages:

Appendix No. 2

Telemetry modules configurable via DataPortal:

Appendix No. 3

Agreement for entrusting the processing of personal data, hereinafter also referred to as ("Agreement")

§ 1

1. The Account Owner, by concluding the Portal Use Agreement, declares that he is the administrator of personal data of Portal Users, that are processed to provide services offered by the Portal, hereinafter jointly referred to as "Data".
2. The Account Owner declares that he processes the Data following generally applicable law, and in particular that he collected it under generally applicable law and, to the extent required by law, he obtained the consent required by law to process personal data from each person, to whom the Data relate, as well as to make them available to the Portal Operator.

§ 2

1. Based on the Agreement, the Account Owner entrusts the Portal Operator with the processing of Data, within the meaning of Art. 28 of the Regulation of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Regulation on Data Protection) ("GRDP").
2. The Portal Operator will process Data only for the proper provision of services offered by the Portal, to the extent necessary for this.
3. The Account Owner and the Portal Operator agree that the Data entrusted for processing to the Portal Operator will be processed only for the proper provision of services offered by the Portal.
4. The Data entrusted to the Portal Operator for processing include the following personal data:
   • Internet identifier of the Portal user;
   • Data shared from Devices compatible with the Account;
   • E-mail address of the Account Owner and Account Users;
   • Any data identifying the Account Owner or Users, and other information constituting the Account Profile and User Profile, provided to the Portal by the Account Owner or authorized Users of the account.
5. The Portal Operator is authorized to perform the following operations on the Data: collecting, storing, and processing – only for the proper provision of services offered by the Portal. These activities may be repeated.
6. The Account Owner and the Portal Operator agree that the data entrusted to the Portal Operator may be processed only for the duration of the Portal Use Agreement, starting from the date of concluding this agreement, however not longer than until the termination or expiry of the agreement. After the termination of the Portal Use Agreement, the Portal Operator is obliged to immediately remove the Data permanently and delete all copies of Data.
7. The Portal Operator declares that Data will be processed on the territory of the countries belonging to the European Union.

§ 3

1. The Portal Operator declares that he has appropriate means to ensure an adequate level of Data protection.
2. The Portal Operator may not entrust Data processing activities to other entities without the prior written permission of the Account Owner, except the following DataPortal Partners, to whom data is transferred implicitly by using the service offered on the Portal by DataPortal Partners.
3. The Portal Operator declares that it applies, to the extent provided for in Art. 32 GRDP, organizational and technical measures ensuring an adequate level of protection of personal data against undesirable disclosure, destruction, or modification.
4. The Portal Operator will keep a register of the categories of Data processing activities performed on behalf of the Account Owner, containing the information specified in Art. 30 GRDP and on the terms set out therein. The Portal Operator is obliged to make the register available at the request of the supervisory authority.
5. The Portal Operator will keep records of people employed by the Portal Operator at the processing of Data. These persons will be obliged by the Portal Operator to maintain confidentiality and protect the Data against undesirable disclosure.
6. The Portal Operator will notify the Account Owner of each inspection initiated by the supervisory authority which is at least indirectly related to the processing of Data, and of each request of the supervisory authority to provide explanations in the above-mentioned scope. This obligation also exists after the expiry or termination of the Portal Use Agreement.
7. The Portal Operator undertakes to cooperate with the Account Owner in the course of proceedings concerning the correctness of Data processing conducted against the Account Owner.
8. In case of a situation being a breach of the data security, the Portal Operator – after finding such a breach – is obliged to immediately, but not later than within 48 hours, inform the Account Owner, providing all relevant information about the breach.

§ 4

The Account Owner is responsible for compliance with the law regarding the processing and protection of personal data, including in particular the compliance with the provisions of the GRDP, which does not exclude or limit in any way the responsibility of the Portal Operator for processing Data under the provisions of law, as well as the liability of Portal Operator for non-performance or improper performance of the Agreement.

§ 5

During the term of the Agreement, as well as in the period after its termination or expiry, the Portal Operator is obliged to keep Data entrusted to him for processing under the Agreement confidential, including not disclosing it to any third parties. The provisions of this paragraph shall not apply when the disclosure of such Data is required by law or by a judgment or decision of an appropriate authority or court.