Terms

§ 1. Definitions
1. Regulations - these Regulations, which define the rules for concluding distance sales agreements through the Online Store, the rules for performing these agreements, the rights and obligations of the parties of the Distance Sales Agreement, and the rules for the complaint procedure. In the scope of services provided electronically, these Regulations are accordingly the regulations referred to in Article 8 of the Act on Providing Services by Electronic Means.
2. Customer - a natural person with full legal capacity, a legal person, or an organizational unit without legal personality, which is granted legal capacity by law, and enters into a Distance Sales Agreement with the Seller.
3. Consumer - a natural person conducting a legal transaction with an entrepreneur not directly related to their business or professional activity.
4. Individual Entrepreneur - a natural person entering into a Distance Sales Agreement directly related to their business activity, where the content of this agreement indicates that it does not have a professional character for this person, particularly in terms of the subject of their business activity disclosed under the provisions on the Central Registration and Information on Business.
5. Entrepreneur - a natural person, legal person, or organizational unit not being a legal person, which is granted legal capacity by law, conducting business or professional activity in their own name.
6. Seller: Flotman Sp. z o.o., headquartered in Krakow at Armii Krajowej 18, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków - Śródmieście in Krakow, XI Commercial Division of the National Court Register under the number KRS 0000386686, NIP 6762441088, REGON 121488982, with a share capital of 50,000.00 PLN. The Seller can be contacted at the following email address: support@navicompact.com or telephone number: +48 509-520-444.
7. Online Store - an internet service run by the Seller, available at electronic addresses: navicompact.com, through which the Customer can obtain information about the Goods/Goods with digital elements and their availability, and purchase Goods/Goods with digital elements or commission a digital service.
8. Distance Sales Agreement - a sales agreement for Goods/Goods with digital elements/digital service delivery agreement or Digital Content (if applicable), concluded via the Online Store.
9. Goods - a movable item that the Customer can purchase in the Online Store, excluding items that only served as a carrier of Digital Content.
10. Digital Service - a service allowing the Consumer to:
  1. Create, process, store, or access data in digital form;
  2. Share data in digital form that has been transmitted or generated by the Consumer or other users of this service;
  3. Engage in other forms of interaction using data.
11. Digital Content - data produced and supplied in digital form.
12. Durability - the ability of a product to maintain its functions and properties during normal use.
13. Functionality - the ability of digital content, digital service, or goods to perform their functions, considering their intended use.
14. Interoperability - the ability of digital content, digital service, or goods to work with computer hardware or software other than those typically used to use digital content, digital service, or goods of the same kind.
15. Compatibility - the collaboration of digital content, digital service, or goods with computer hardware or software that are typically used to use digital content, digital service, or goods of the same kind without the need for their transformation.
16. Digital Environment - computer hardware, software, and network connections used by the Consumer to access digital content or digital service or to use them.
17. Internet Store's Privacy and Cookies Policy - a document specifying detailed rules for processing personal data and using cookies. The Privacy and Cookies Policy is Annex No. 3 to the Regulations and is available at https://navicompact.com/pl/privacy-and-cookie-notice.html.
18. Durable Medium - material or tool enabling the Customer or Seller to store information addressed personally to them in a way that allows for future access to information for a period appropriate for the purposes of the information and which allows for the unaltered reproduction of the stored information, in particular electronic mail.
19. Electronic Order Form - an electronic procedure provided by the Seller for the Buyer for placing orders.
20. Electronic Return Form - an electronic procedure provided by the Seller for the Buyer for making returns; available at https://navicompact.com/returns-open.php.
21. Electronic Complaint Form - an electronic procedure provided by the Seller for the Buyer for submitting complaints; available at https://navicompact.com/rma-open.php.
22. Order Submission - confirmation of the order by clicking the "Order and Pay" button by the Customer, treated as the Customer's binding declaration of intent to enter into a Distance Sales Agreement with the Seller.
23. Account - a collection of data stored in the Online Store and in the Seller's IT system about a given Customer and orders placed by them and Distance Sales Agreements concluded, using which the Customer can place orders and, in due time, cancel or edit them, and conclude Distance Sales Agreements.
24. Review - subjective statements and ratings given in the form of so-called stars on a scale of 1 to 5.
25. Application - software (basic version and each subsequent update) along with resources enabling the User to monitor vehicles with installed GPS Location Device available within the Account designed for devices that can run a web application in the browser at https://app.navicompact.com, for which a non-exclusive license is granted.
26. GPS Location Device – a device used to monitor vehicles that have their power supply and appropriate connectors dedicated to specific device models. Available in the online store NaviCompact.com or on portals associated with the NaviCompact brand.
27. GDPR - 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) (OJ L 119, 4.5.2016, p. 1).
§ 2. General Provisions
1. Types and scope of services provided electronically:
  1. Concluding online sales agreements - for Goods/Goods with digital elements sold in the Online Store,
  2. Rules for registration and use of the Account within the Online Store,
  3. Using the so-called Shopping Cart,
  4. Adding reviews, comments, and ratings - the Customer can add a review or comment to their order,
  5. Sending email messages in which the Seller confirms the receipt of the order, possible receipt of payment, and acceptance of the order for processing.
2. Use of the Online Store is possible provided that the Customer's information system meets the following minimum technical requirements:
  1. Current versions of internet browsers, e.g.:
    - Firefox
    - Chrome
    - Microsoft Edge
  2. Any program to view PDF files.
3. The contents posted on the Online Store's pages, including descriptions of Goods/Goods with digital elements and prices, constitute an invitation to enter into a contract as defined in Article 71 of the Civil Code.
4. The Seller provides these Regulations along with Annexes via a link placed on the homepage before concluding the Distance Sales Agreement, during, and after its conclusion. The Buyer can download and print them.
5. To ensure the security of message and data transmission in connection with the provided services, the Online Store undertakes technical and organizational measures appropriate to the level of security of the services provided, particularly measures to prevent unauthorized persons from obtaining and modifying personal data transmitted over the Internet.
6. If the provision of electronically provided services involves the entrustment of personal data processing by the Customer to the Seller, where the Customer is the administrator within the meaning of the GDPR, the conclusion of the sales agreement for the GPS Location Device along with access to the Application is equivalent to concluding a data processing entrustment agreement, which is Annex No. 4. The previous provision does not apply to contracts concluded by a Customer who is a natural person, in the case of data processing by such a Customer for purely personal or household activities.
7. Paragraph 6 applies accordingly in cases where the Customer is the processing entity and the Seller is the further processor.
§ 3. Orders
1. Orders in the Online Store can be placed via the Account.
2. Purchase is made by filling out the Electronic order form available on the Online Store's pages. The selection of ordered Goods/Goods with digital elements is made by adding them to the cart. The Electronic order form specifies, among other things, which Goods/Goods with digital elements, at what price, and in what quantities the Customer wants to order to the indicated location. The Customer takes the appropriate technical steps based on displayed messages.
3. After the Customer provides all necessary data, a summary of the placed order will be displayed. The order summary will include information about: identifying data of the Seller, the subject of the order, unit and total price of the ordered Goods/Goods with digital elements, including delivery costs and others if applicable, chosen payment method, chosen delivery method, delivery time and costs.
4. After sending the GPS Location Device, the Customer receives a login and password for the Application via email provided during the purchase if the Customer concludes a sales agreement for the GPS Location Device along with a subscription to the Application. In the case of concluding the agreement mentioned in the preceding sentence, an integral annex to the agreement is the REGULATIONS FOR PROVIDING NAVICOMPACT SYSTEM LOCATION SERVICES constituting Annex No. 3.
5. The duration of the subscription for connecting the purchased device is counted from the moment of activating the device in the Application and is equal to the period for which the subscription was purchased. Devices in the Application will be visible only after their activation in the system by the user. Activation of the device in the Application should occur within 12 months from the order placement. If the device is not activated within 12 months from the order placement, the subscription is automatically activated and will be valid for the period for which it was purchased.
6. If the subject of the contract is the delivery of Digital Contents or Digital Services, which are not recorded on a tangible medium or services performed electronically or remotely - the Consumer in an additional checkbox, required to place the order and located on the Electronic order form, expresses the following consent: "I agree to the delivery of digital content, which is not stored on a tangible medium or to start providing the service before the expiration of 14 days from the conclusion of the contract and I acknowledge the loss of the right to withdraw from the contract." The Seller confirms the receipt of the above consent by email.
7. To place an Order, it is necessary to provide personal data marked as mandatory in the Electronic order form, accept the contents of the Regulations, and send the order by pressing the "Order and Pay" button.
  1. Sending the Electronic order form by the Customer constitutes a binding declaration of intent to conclude a Distance Sales Agreement, in accordance with the contents of these Regulations.
  2. The Distance Sales Agreement is considered concluded at the moment the Seller accepts the Electronic order form, confirmed by displaying a message to the Buyer confirming the acceptance of the order and providing its number.
  3. After concluding the Distance Sales Agreement, the Customer receives an email confirmation of the placed order containing: confirmation of order acceptance and final confirmation of all essential elements of the Order and the general conditions of the concluded Distance Sales Agreement (Internet Store Regulations along with Annexes No. 1 and 2), Seller's data, Seller's liability for the quality of services, about post-sale services provided by the Seller, and about the method and consequences of withdrawing from the contract. The instruction on the method and consequences of withdrawing from the contract is included in Annex No. 1.
8. Until the Seller starts processing the order:
  1. The Customer can change their order using the technical solution available on the page of the Electronic order form and go through the entire order placement path again. The order change is made by placing a new one, which replaces the previously placed one. Any payment made by the Customer is applied to the new order, and in case of overpayment, it is returned to the bank account from which the payment was made.
  2. The Customer can cancel their order by selecting the "cancel order" option available on the page of the Electronic order form.
9. In case of cancellation of the order by the Customer, the Seller will refund the received payment within 3 business days. The refund will be made using the same payment method used by the Customer.
10. The order fulfillment time is from 1 to 10 business days, counting from the day of the contract conclusion.
§ 4. Payment
1. The Online Store offers the possibility of making payments in the form of prepayments. The option of payment with a deferred payment term is possible in situations individually agreed with the Seller.
2. Payments for Goods/Goods with digital elements can be made in the manner chosen at the time of placing the order on the Electronic order form.
3. Currently available prepayment methods in the Online Store are available at https://navicompact.com/pl/payments.html
§5. Delivery
1. On the Electronic order form, the Customer selects the delivery method by marking their choice.
2. If the Customer fails to receive the Goods/Goods with digital elements, resulting in the return of the Goods/Goods with digital elements to the Seller, the Seller may withdraw from the sales agreement after previously summoning the Customer in an email provided during the purchase process to perform the agreement, setting an additional deadline under the threat of withdrawal from the agreement. After the designated deadline passes, the Seller is entitled to declare withdrawal from the agreement made with the Customer. Withdrawal from the agreement occurs by sending a statement to the Customer in the form of an email.
3. In the situation mentioned in point 2, the Seller is obliged to immediately refund the payment received for the Goods/Goods with digital elements purchased by the Customer.
4. Currently available delivery methods in the Online Store are available at https://navicompact.com/pl/delivery.html.
§ 6. Withdrawal from the Agreement - Electronic Return Form
1. A Consumer who has concluded a Distance Sales Agreement may withdraw from it within 14 days without giving any reason. In the case of withdrawal from the Distance Sales Agreement, the agreement is considered as not concluded.
2. The right to withdraw from the agreement, as specified in paragraphs 6 and 7 of these Regulations, also applies to an Individual Entrepreneur. Where paragraphs 6 and 7 of these Regulations mention the Consumer, this also includes the Individual Entrepreneur.
3. In the case of withdrawal from the agreement, the Consumer bears only the direct costs of returning the Goods/Goods with digital elements.
4. The Consumer's statement must unambiguously express their intention to withdraw from the agreement, in particular, the Consumer may:
  1. Use the electronic return form available on the Online Store's website: https://navicompact.com/returns-open.php.
  2. Withdraw from the agreement using the withdrawal form, which is Annex No. 2 - sending it to the Seller's office address or email address: support@navicompact.com.
5. The Seller immediately confirms on a Durable Medium the receipt of the statement of withdrawal from the agreement submitted in the manner indicated in sub-points 1 and 2.
6. To meet the deadline, it is sufficient to send the statement before its expiration.
7. The period for withdrawal from the agreement starts:
  1. For an agreement in which the Seller releases Goods/Goods with digital elements, being obligated to transfer their ownership - from taking possession of the Goods/Goods with digital elements by the Consumer or a third party indicated by them other than the carrier, and in the case of an agreement that:
    1. Includes multiple Goods/Goods with digital elements, delivered separately, in batches, or in parts - from taking possession of the last Good/Good with digital elements, batch, or part;
    2. Involves the regular delivery of Goods/Goods with digital elements for a specified period - from taking possession of the first of the Goods/Goods with digital elements.
  2. For other agreements - from the date of concluding the agreement.
8. The statement of withdrawal form (Annex No. 2 to these Regulations) and information regarding the use of the right to withdraw from the agreement (Annex No. 1 to these Regulations) are provided electronically.
9. In case of withdrawal from the agreement on delivering Digital Content or Digital Service, the Seller may prevent the Consumer from further using the Digital Content or Digital Service, in particular by blocking the Consumer's access to the Digital Content or Digital Service.
10. In case of withdrawal from the Agreement on delivering Digital Content or Digital Service, the Consumer is obliged to stop using this Digital Content or Digital Service and sharing it with third parties.
11. The right to withdraw from the Distance Sales Agreement does not apply to agreements indicated in Article 38 of the Act of May 30, 2014 (Journal of Laws of 2019, item 134) on consumer rights, including agreements:
  1. For the provision of services for which the Consumer is obliged to pay the price if the Seller has fully performed the service with the Consumer's explicit and prior consent, who was informed before the commencement of the service that after the Seller's fulfillment of the service, they will lose the right to withdraw from the agreement and acknowledged it.
  2. Where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the agreement.
  3. Whose subject of the provision is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy their individualized needs.
  4. Whose subject of the provision is an item delivered in a sealed package, which cannot be returned for health protection or hygiene reasons if the package was opened after delivery.
  5. Whose subject of the provision is sound or visual recordings or computer software delivered in a sealed package if the package was opened after delivery.
  6. For delivering Digital Contents not stored on a tangible medium, for which the Consumer is obliged to pay the price if the Seller commenced the service with the Consumer's explicit and prior consent, who was informed before the commencement of the service that after the Seller's fulfillment of the service, they will lose the right to withdraw from the agreement and acknowledged it.
  7. Whose subject is an item subject to rapid deterioration or having a short shelf life, and whose subject of the provision are items that after delivery, due to their nature, become inseparably mixed with other items.
  8. For delivering newspapers, periodicals, or magazines, with the exception of subscription contracts.
  9. Concluded through a public auction.
  10. For providing services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the day or period of service provision.
  11. Whose subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, and which can only be delivered after 30 days, and whose value depends on market fluctuations over which the entrepreneur has no control.
§ 7. Effects of Withdrawal from the Agreement
1. The Seller shall promptly, no later than within 14 days from the day of receiving the statement of withdrawal from the sales agreement, refund all payments made by the Consumer, including the costs of delivery, corresponding to the cheapest delivery method offered by the Seller.
  1. The refund will be made using the same method of payment used by the Consumer unless the Consumer explicitly agrees to a different solution.
2. If the Consumer uses the Electronic return form to exercise the right to withdraw, the funds will be refunded using the selected method and to the bank account provided by the Consumer, unless the Consumer explicitly agrees to a different solution.
3. If the Seller did not offer to collect the Goods/Goods with digital elements from the Consumer, the Seller may withhold the refund of payments received from the Consumer until the Goods/Goods with digital elements are returned or the Consumer provides proof of their return, whichever occurs first.
4. The Seller may offer the Consumer that they will collect the item themselves. However, if the Seller has not made such an offer - the Consumer should return the item to the Seller (or a person authorized by the Seller to collect it) promptly, but no later than 14 days from the day on which they withdrew from the agreement. To meet the deadline, it is sufficient to send the item before its expiration. The Goods/Goods with digital elements that the Consumer returns should be sent to the Seller's address.
5. The Consumer is responsible for any diminished value of the Goods/Goods with digital elements resulting from using them in a way beyond what is necessary to establish the nature, characteristics, and functioning of the Goods/Goods with digital elements.
6. The Seller may request the return of the tangible medium on which the Digital Content was delivered, within 14 days from the day of receiving the Consumer's statement of withdrawal from the agreement. The Consumer returns the medium promptly and at the Seller's expense.
§ 8. Complaints
1. A complaint due to a defect in the Goods (which in this paragraph also means Goods with digital elements) or non-conformity of the Goods with the concluded Distance Sales Agreement can be submitted:
  1. Via the Electronic complaint form;
  2. In written form to the Seller's address or via email at support@navicompact.com.
2. In the complaint, it is necessary to specify the defect that the Buyer believes the Goods have, demands towards the Seller, and if possible – document the alleged defect and present proof of purchase of the Goods in the Online Store, although this is not mandatory. The Seller is obliged to respond to the complaint within 14 days from the day of its receipt. If the Seller does not respond within this period, it is considered that they have acknowledged the complaint. The Seller sends the response to the complaint to the Buyer in writing or on a Durable Medium.
3. The steps that the Buyer must take to submit a complaint, including the method of delivering the claimed Goods to the Seller, are indicated at various stages in the Electronic complaint form.
4. If the Seller acknowledges the complaint as justified: the costs of exchange, repair, including the cost of shipment related to the complaint of the Goods, are borne by the Seller.
5. § 9. Reviews
  1. A review regarding the order service or a review regarding the Product can be posted during a visit to the Online Store by clicking on the interface placed next to the Product or by clicking on the link in the email message. Adding a Review is voluntary and free of charge. Within a single order - the Customer has the possibility to add the aforementioned Review only once.
  2. As part of the aforementioned Reviews, the Customer may give a rating in the form of graphical stars on a scale from 1 to 5 (where 1 star means the least positive rating, and 5 stars means the most positive rating) and add a verbal statement limited to 65535 characters.
  3. Ratings are stored and publicly presented on the Online Store's webpage, as well as on the websites https://zaufaneopinie.idosell.com and https://trustedreviews.idosell.com.
  4. The Seller verifies Reviews using the email address that was used in the purchasing process of the given Product. A Review that is posted by a person using the email that was used in the purchasing process - is marked on the Store's page with the comment "review confirmed by purchase". Any other Review is marked as "review not confirmed by purchase".
  5. The Seller may publish Reviews regarding a given Product from its other online stores.
  6. The Seller does not change Reviews in terms of content or the stars awarded.
  7. The Seller publishes all Reviews, both positive and negative.
  8. The Seller does not publish sponsored Reviews or those resulting from barter agreements.
  9. Reviews are not placed by the Seller.
  10. Reviews are placed in chronological order. The Seller does not provide functionality that allows for the display of Reviews according to other parameters.
  11. The Customer is responsible for the content posted in the Reviews. The Buyer is solely and independently responsible for the statement made in the Review. The Seller is entitled to remove Reviews based on legal provisions and this Regulation.
  12. It is not permissible to post content containing false information, misleading, vulgar, aggressive, offensive in nature, or obviously recognized as contrary to good manners. It is also not permissible to post content of an unlawful nature, infringing the rights of third parties, or constituting an act of unfair competition.
  13. The Customer undertakes not to post content that contains links to external websites that are promotional or advertising in nature or that contain personal data of third parties.
  14. Upon explicit request from the Customer, the content of the Review may be hidden from other users of the Store, but the rating in the form of stars is included in the overall rating of the Store and the Product.
§ 10. Intellectual Property
1. The Customer is not authorized to record, duplicate, share, make public, or distribute the contents placed in the Online Store, unless such authorization arises from legal provisions or the Regulations.
2. The Customer is not authorized to interfere in any way with the content, in particular, is not authorized to interfere with the content, structure, form, graphics, operating mechanism, or other elements of the Online Store.
3. The Customer, by posting Reviews in the Online Store, which constitute works within the meaning of the Act of February 4, 1994, on copyright and related rights - grants the Seller a non-exclusive, free of charge, and unlimited in time and territory license to use these works by the Seller, including the right to grant sublicenses, which includes public sharing of the work in such a way that everyone can access it at a place and time of their choosing (Internet). The license is granted in relation to all fields of exploitation known at the time of its granting, in particular to the following fields of exploitation:
  1. In terms of recording and multiplying the work by any technique - in particular, printing, reprographic, magnetic recording, digital i.e., using any techniques on any audiovisual or visual medium, in particular on audiovisual disks, CD discs, computer disk, in multimedia network, including internet and related online services, and multiplying, recording, use on the Internet, in advertising, duplication of the recording in electronic form in computer memory and in internal and external networks,
  2. Utilizing the whole or parts or any elements of the work with the possibility of making modifications resulting from the nature of the given internet medium - in all publications, in particular online, digital, in bulletins and information, independently or in combination with other works or parts of works; use in whole or in part for promotion and advertising purposes, in particular in the form of audiovisual, audio, media advertising.
  3. In terms of trading the original or copies on which the work is recorded - introducing to the market, lending, renting of the original or copies,
  4. In terms of disseminating the work in a way other than specified above - public performance, exhibition, display, reproduction, and broadcasting and re-broadcasting, as well as public sharing of the work in such a way that everyone can access it at a place and time of their choosing,
  5. Use of works for promotional and marketing purposes;
4. The deletion of the Account by the Customer or Reviews in accordance with chapter 9 section 8 does not affect the validity of the above license.
§ 11. Alternative Dispute Resolution Methods
The consumer may use alternative dispute resolution methods (ADR), in particular such as:
1. Mediation,
2. Conciliation,
3. Arbitration (amiable court),
4. Out-of-court methods of handling complaints and pursuing claims (ODR) by filing a complaint via the address: http://ec.europa.eu/consumers/odr/,
5. Applying to the Consumer Federation.
6. The entity authorized to resolve disputes with the Consumer out of court is the Provincial Inspector of the Trade Inspection.
7. Detailed information on the possibility of out-of-court dispute resolution is available on the website of the relevant Provincial Inspector of the Trade Inspection and at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL, as well as in the Act on the Trade Inspection.
8. If the nature of the case warrants, the provincial inspector takes actions aimed at the out-of-court resolution of the civil dispute between the consumer and the entrepreneur by:
  1. Enabling the approximation of the positions of the parties in order to resolve the dispute by its parties or
  2. Presenting the parties with a proposal for resolving the dispute.
9. Detailed information on the possibility for the Consumer to use other out-of-court methods of handling complaints and pursuing claims mentioned above, and the rules for accessing these procedures, are available at the headquarters and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection, and the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php
§ 12 Seller's Liability for Conformity of Goods and Goods with Digital Elements to the Agreement
I. Conformity of the Goods with the Contract
1. The Seller is obliged to deliver the Goods in accordance with the contract. In this paragraph, the term "Goods" shall also be understood to mean Goods with digital elements.
2. The Goods are in conformity with the contract if, in particular, their:
  1. Description, type, quantity, quality, completeness, and functionality, and in the case of Goods with digital elements - also compatibility, interoperability, and availability of updates are in accordance with the contract;
  2. Suitability for a particular purpose for which the Consumer needs them, which the Consumer has notified the Seller of at the latest at the time of the conclusion of the contract and which the Seller has accepted.
3. Furthermore, to be considered in conformity with the contract, the Goods must:
  1. Be suitable for the purposes for which goods of that type are usually used, taking into account applicable legal provisions, technical standards, or good practices;
  2. Be of such quantity and possess such characteristics, including durability and safety, and in the case of goods with digital elements - also functionality and compatibility, as are typical for goods of this type and which the Consumer can reasonably expect, taking into account the nature of the goods and the public assurances made by the Seller, its legal predecessors, or persons acting on their behalf, especially in advertising or on labels, unless the Seller proves that:
    a) He was unaware of the given public assurance and could not reasonably have been aware of it,
    b) The public assurance was corrected before the conclusion of the contract in a manner and form in which the public assurance was made, or in a comparable way,
    c) The public assurance did not influence the Consumer's decision to conclude the contract;
  3. Be delivered with packaging, accessories, and instructions that the Consumer can reasonably expect;
  4. Be of the same quality as the sample or model that the Seller provided to the Consumer before the conclusion of the contract, and correspond to the description of such sample or model.
4. The following regulations apply appropriately to goods with digital elements:
  1. The Seller informs the Consumer about updates, including those concerning security, necessary to maintain the conformity of the Digital Content or Digital Service with the contract and provides them to the Consumer for the time:
    1. Specified in the contract for the delivery of Digital Content or Digital Service on a continuous basis, or
    2. Reasonably expected by the Consumer, taking into account the type of Digital Content or Digital Service and the purpose for which they are used, as well as the circumstances and nature of the contract, if the contract provides for the delivery of digital content or service once or in parts.
  2. If the Consumer does not install updates provided by the Seller in accordance with item 1 within a reasonable time, the Seller is not responsible for non-conformity of Digital Content or Digital Service with the contract solely due to the lack of updates, provided that:
    1. He informed the Consumer about the update and the consequences of not installing it;
    2. The failure to install or improper installation of updates was not due to errors in the installation instructions provided by the Seller.
  3. The Seller is liable for non-conformity with the contract of Digital Content or Digital Service in the scope regulated in item 1, which occurred during the time specified in this point.
5. The Seller is not liable for non-conformity of the Goods with the contract in the scope referred to in sections 3 or 4 if the Consumer, at the latest at the time of the conclusion of the contract, was clearly informed that a specific characteristic of the Goods deviates from the requirements of conformity with the contract specified in sections 3 or 4, and explicitly and separately accepted the lack of a specific characteristic of the Goods.
6. The Seller is liable for non-conformity of the Goods with the contract resulting from improper installation of the Goods if:
  1. It was carried out by the Seller or under his responsibility;
  2. The improper installation carried out by the Consumer resulted from errors in the instructions provided by the Seller or a third party.
II. Time Limits for Seller's Liability for Non-Conformity of Goods with the Contract
1. The Seller is liable for any non-conformity of the Goods with the contract existing at the time of delivery and revealed within two years from that moment, unless the usability period of the Goods, as determined by the Seller, its legal predecessors, or persons acting on their behalf, is longer. It is presumed that any non-conformity of the Goods with the contract, which becomes apparent within two years from the time of delivery, existed at the time of delivery, unless proven otherwise or if such presumption is inconsistent with the nature of the Goods or the nature of the non-conformity.
2. The Seller cannot invoke the expiration of the period for determining non-conformity of the Goods with the contract as stated in paragraph 1 if he deceitfully concealed the lack.
3. In the case of Goods with digital elements, the Seller is liable for non-conformity of the Digital Content or Digital Service provided continuously, which occurred or became apparent during the period in which they were supposed to be delivered according to the contract. This period cannot be shorter than two years from the time of delivery of the Goods with digital elements. It is presumed that the non-conformity of the Digital Content or Digital Service with the contract occurred during this time if it became apparent during that time.
III. Consumer's Rights in Case of Non-Conformity with the Contract
1. If the Goods are not in conformity with the contract, the Consumer may demand their repair or replacement.
2. The Seller may replace the Goods when the Consumer requests repair, or repair them when the Consumer requests replacement, if bringing the Goods into conformity with the contract in the way chosen by the Consumer is impossible or would involve excessive costs for the Seller. If both repair and replacement are impossible or would involve excessive costs for the Seller, he may refuse to bring the Goods into conformity with the contract.
3. In assessing the excessiveness of costs for the Seller, all circumstances of the case are considered, in particular the significance of the non-conformity of the Goods with the contract, the value of the Goods in conformity with the contract, and the excessive inconvenience to the Consumer resulting from changing the way of bringing the Goods into conformity with the contract.
4. The Seller carries out the repair or replacement within a reasonable time from when the Seller was informed by the Consumer about the non-conformity with the contract, and without excessive inconvenience to the Consumer, taking into account the nature of the Goods and the purpose for which the Consumer acquired them. The costs of repair or replacement, including in particular the costs of postage, transport, labor, and materials, are borne by the Seller.
5. The Consumer makes the Goods subject to repair or replacement available to the Seller. The Seller collects the Goods from the Consumer at his own expense.
6. If the Goods were installed before the non-conformity with the contract became apparent, the Seller disassembles the Goods and reinstalls them after the repair or replacement or commissions these actions at his own expense.
7. The Consumer is not obliged to pay for the normal use of the Goods, which were subsequently replaced.
IV. Reduction in Price and Withdrawal from the Contract
1. If the Goods are not in conformity with the contract, the Consumer may declare a price reduction or withdraw from the contract when:
  1. The Seller refused to bring the Goods into conformity with the contract in accordance with section III paragraph 2 above;
  2. The Seller did not bring the Goods into conformity with the contract in accordance with section III paragraphs 4-6 above;
  3. The non-conformity of the Goods with the contract still exists, although the Seller attempted to bring the Goods into conformity with the contract;
  4. The non-conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without previously using the protective measures specified in section III above;
  5. From the Seller's declaration or circumstances, it is clear that he will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.
2. The reduced price must remain in such proportion to the price arising from the contract as the value of the Goods not in conformity with the contract remains to the value of the Goods in conformity with the contract.
3. The Seller returns the amounts due to the Consumer as a result of exercising the right to reduce the price immediately, no later than within 14 days from the day of receiving the Consumer's declaration of the price reduction.
4. The Consumer cannot withdraw from the contract if the non-conformity of the Goods with the contract is insignificant. It is presumed that the non-conformity of the Goods with the contract is significant.
5. If the non-conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer may withdraw from the contract only in relation to those goods, and also in relation to other goods purchased by the Consumer along with the non-conforming Goods, if it cannot be reasonably expected for the Consumer to agree to keep only the Goods in conformity with the contract.
6. In the event of withdrawal from the contract, the Consumer immediately returns the Goods to the Seller at his expense. The Seller returns the price to the Consumer immediately, no later than within 14 days from the day of receiving the Goods or proof of their return.
7. The Seller refunds the price using the same method of payment used by the Consumer unless the Consumer has explicitly agreed to another method of refund that does not involve any costs for him.
V. Withholding Payment Until the Seller Fulfills Obligations Arising from the Complaint
The Consumer may withhold payment of the price until the Seller fulfills the obligations arising from section III and IV.
VI. Complaint
The Consumer may file a complaint due to non-conformity of the Goods with the contract in writing at the address: ul. Gabrieli Zapolskiej 44, 30-126 Kraków or at the email address: support@navicompact.com. The Seller responds to the complaint within 14 days of its receipt.
VII. Individual Entrepreneur
The provisions of sections I-VI apply accordingly to an Individual Entrepreneur.
VIII. Exclusion of Warranty in Contracts Concluded with Entrepreneurs
1. With respect to contracts concluded between the Seller and an Entrepreneur (excluding an Individual Entrepreneur), the warranty for physical and legal defects is excluded.
2. In the case of contracts referred to in paragraph 1, the Seller's liability is limited to the amount of the price of the Goods. Liability for lost profits is excluded.
§ 13 Method of Fulfilling the Obligation to Deliver Digital Content or Digital Service. Consumer's Rights in Case of Non-Delivery of Digital Content or Digital Service.
1. The Seller delivers the Digital Content or Digital Service to the Consumer immediately after the conclusion of the contract unless the parties have agreed otherwise.
2. Digital Content is considered delivered at the moment when the Digital Content or means allowing access to or downloading of the Digital Content are made available to the Consumer or to a physical or virtual device chosen independently by the Consumer for this purpose, or when the Consumer or such a device gains access to it.
3. A Digital Service is considered delivered at the moment when the Consumer or a physical or virtual device independently chosen by the Consumer for this purpose gains access to it.
4. If the Seller fails to deliver the Digital Content or Digital Service, the Consumer calls upon him to do so. If the Seller does not deliver the Digital Content or Digital Service immediately or within an additional term explicitly agreed upon by the parties, the Consumer may withdraw from the contract.
5. The Consumer may withdraw from the contract without calling for the delivery of digital content or digital service if:
  a. It is clear from the Seller's statement or circumstances that he will not deliver the Digital Content or Digital Service, or
  b. The Consumer and the Seller agreed, or it is clear from the circumstances of the conclusion of the contract, that a specified time of delivery of the Digital Content or Digital Service was of significant importance to the Consumer, and the Seller did not deliver them within this time.
6. In the event of the Consumer's withdrawal from the contract, section 14 paragraph V applies accordingly.
7. Paragraphs 1-7 do not apply if the contract provides for the delivery of Digital Content through a tangible medium.
8. Paragraphs 1-7 apply accordingly to an Individual Entrepreneur.
§ 14. Seller's Liability for Conformity of Digital Content or Digital Service with the Contract

I. Conformity of Digital Content or Digital Service with the Contract
1. The Seller is obligated to deliver Digital Content or Digital Service in accordance with the contract. Digital Content or Digital Service is in conformity with the contract if, in particular, its:
  1. Description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and the availability of technical support and updates are in accordance with the contract;
  2. Suitability for a particular purpose for which the Consumer needs them, about which the Consumer has informed the Seller at the latest at the time of the conclusion of the contract and which the Seller has accepted.
2. Furthermore, Digital Content or Digital Service, to be considered in conformity with the contract, must:
  1. Be suitable for purposes for which Digital Content or Digital Service of that kind is usually used, taking into account applicable legal provisions, technical standards, or good practices;
  2. Be of such quantity and possess such characteristics, including functionality, compatibility, availability, continuity, and security, as are typical for Digital Content or Digital Service of that kind and which the Consumer can reasonably expect, taking into account the nature of the Digital Content or Digital Service and public assurances made by the Seller, its legal predecessors, or persons acting on their behalf, especially in advertising or on labels, unless the Seller proves that:
    a) He was unaware of the given public assurance and could not reasonably have been aware of it;
    b) The public assurance was corrected before the conclusion of the contract in a manner and form in which it was made, or in a comparable way;
    c) The public assurance did not influence the Consumer's decision to conclude the contract;
  3. Be delivered with accessories and instructions that the Consumer can reasonably expect;
  4. Be consistent with the trial version or preview provided to the Consumer by the Seller before the conclusion of the contract.
3. The Seller informs the Consumer about updates, including those concerning security, necessary to maintain the conformity of Digital Content or Digital Service with the contract, and provides them to the Consumer for the time:
  1. Specified in the contract for the delivery of Digital Content or Digital Service on a continuous basis, or
  2. Reasonably expected by the Consumer, taking into account the type of Digital Content or Digital Service and the purpose for which they are used, as well as the circumstances and nature of the contract, if the contract provides for the delivery of Digital Content or Digital Service once or in parts.
4. If the Consumer does not install updates provided by the Seller in accordance with paragraph 3 within a reasonable time, the Seller is not liable for non-conformity of Digital Content or Digital Service with the contract solely due to the lack of updates, provided that:
  1. He informed the Consumer about the update and the consequences of not installing it;
  2. The failure to install or improper installation of updates was not due to errors in the installation instructions provided by the Seller.
5. The Seller is not liable for non-conformity of Digital Content or Digital Service with the contract in the scope referred to in paragraphs 2 or 3, if the Consumer, at the latest at the time of the conclusion of the contract, was clearly informed that a specific characteristic of Digital Content or Digital Service deviates from the requirements of conformity with the contract specified in paragraphs 2 or 3, and explicitly and separately accepted the lack of a specific characteristic of Digital Content or Digital Service.
6. In cases where the contract provides for the delivery of Digital Content or Digital Service continuously, the Digital Content or Digital Service must remain in conformity with the contract for the time designated in the contract for their delivery.
7. Digital Content or Digital Service is delivered in the latest version available at the time of the conclusion of the contract unless the parties have agreed otherwise.
8. For the integration of Digital Content or Digital Service, § 14 section I subparagraph 5 applies accordingly.
II. Time Limits for Seller's Liability for Non-Conformity of Digital Content or Digital Service with the Contract
1. The Seller is liable for any non-conformity of the Digital Content or Digital Service delivered once or in parts, which existed at the time of their delivery and revealed itself within two years from that moment. It is presumed that the non-conformity of the Digital Content or Digital Service with the contract, which became apparent before the end of one year from the delivery of the Digital Content or Digital Service, existed at the time of their delivery.
2. The Seller cannot invoke the expiration of the period for determining non-conformity of the Digital Content or Digital Service with the contract as stated in paragraph 1 if he deceitfully concealed the lack.
3. The Seller is liable for non-conformity with the contract of the Digital Content or Digital Service provided continuously, which occurred or became apparent during the period in which they were supposed to be delivered according to the contract. It is presumed that the non-conformity of the Digital Content or Digital Service with the contract occurred during this time if it became apparent during that time.
4. The Seller is liable for non-conformity with the contract of the Digital Content or Digital Service in the scope regulated in section I, which occurred during the time specified in this point.
5. The presumptions specified in paragraphs 1 and 3 do not apply if:
  1. The Consumer's digital environment is not compatible with the technical requirements which the Seller informed him about in a clear and understandable manner before the conclusion of the contract;
  2. The Consumer, informed in a clear and understandable manner before the conclusion of the contract about the obligation to cooperate with the Seller, to a reasonable extent and by using the least burdensome technical means for himself, in order to determine whether the non-conformity of the Digital Content or Digital Service with the contract in the appropriate time results from the features of the Consumer's digital environment, does not fulfill this obligation.
III. Consumer's Rights in Case of Non-Conformity with the Contract
1. If the Digital Content or Digital Service is not in conformity with the contract, the Consumer may demand their conformity with the contract.
2. The Seller may refuse to bring the Digital Content or Digital Service into conformity with the contract if achieving conformity with the contract is impossible or would involve excessive costs for the Seller.
3. In assessing the excessiveness of costs for the Seller, all circumstances of the case are considered, in particular the significance of the non-conformity of the Digital Content or Digital Service with the contract and the value of the Digital Content or Digital Service in conformity with the contract.
4. The Seller brings the Digital Content or Digital Service into conformity with the contract within a reasonable time from when the Seller was informed by the Consumer about the non-conformity with the contract, and without excessive inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into conformity with the contract are borne by the Seller.
IV. Reduction in Price. Withdrawal from the Contract
1. If the Digital Content or Digital Service is not in conformity with the contract, the Consumer may declare a price reduction or withdraw from the contract when:
  1. Bringing the Digital Content or Digital Service into conformity with the contract is impossible or would involve excessive costs according to section III paragraphs 2 and 3;
  2. The Seller did not bring the Digital Content or Digital Service into conformity with the contract in accordance with section III paragraph 4;
  3. The non-conformity of the Digital Content or Digital Service with the contract still exists, although the Seller attempted to bring the Digital Content or Digital Service into conformity with the contract;
  4. The non-conformity of the Digital Content or Digital Service with the contract is so significant that it justifies a price reduction or withdrawal from the contract without previously using the protective measure specified in section III;
  5. From the Seller's declaration or circumstances, it is clear that he will not bring the Digital Content or Digital Service into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.
2. The reduced price must remain in such proportion to the price arising from the contract as the value of the Digital Content or Digital Service not in conformity with the contract remains to the value of the Digital Content or Digital Service in conformity with the contract. If the contract provides that the Digital Content or Digital Service are delivered in parts or continuously, the time during which the Digital Content or Digital Service remained not in conformity with the contract should be taken into account when reducing the price.
3. The Consumer cannot withdraw from the contract if the Digital Content or Digital Service are delivered in exchange for payment of a price, and the non-conformity of the Digital Content or Digital Service with the contract is insignificant. It is presumed that the non-conformity of the Digital Content or Digital Service with the contract is significant.
V. Prohibition of Using Content Produced or Supplied by the Consumer after Withdrawal from the Contract
1. After withdrawal from the contract, the Seller cannot use content other than personal data provided or produced by the Consumer while using the Digital Content or Digital Service supplied by the Seller, except for content which:
  1. Is useful only in connection with the Digital Content or Digital Service, which were the subject of the contract;
  2. Concerns only the Consumer's activity while using the Digital Content or Digital Service, which were the subject of the contract;
  3. Have been combined by the Seller with other data and cannot be separated without excessive difficulty;
  4. Were produced by the Consumer jointly with other Consumers, who can still use them.
2. The Seller provides the Consumer, at his request and at his own expense, within a reasonable time and in a commonly used format suitable for machine reading, content produced or provided by the Consumer while using the Digital Content or Digital Service, other than personal data, except for content referred to in paragraph 1 items 1-3.
3. The Seller may request the return of the tangible medium on which he delivered the Digital Content, within 14 days from the day of receiving the Consumer's statement of withdrawal from the contract. The Consumer returns the medium immediately and at the Seller's expense.
4. The Seller is not entitled to demand payment for the time when the Digital Content or Digital Service were not in conformity with the contract, even if the Consumer actually used them before withdrawing from the contract.
5. The Seller is obliged to refund the price only for the part corresponding to the Digital Content or Digital Service not in conformity with the contract and the Digital Content or Digital Service, the obligation to deliver which ceased as a result of the withdrawal from the contract.
6. The Seller is obliged to refund the Consumer the price due as a result of exercising the right to withdraw from the contract or to reduce the price immediately, no later than within 14 days from the day of receiving the Consumer's statement of withdrawal from the contract or reduction in price.
7. The Seller refunds the price using the same method of payment used by the Consumer, unless the Consumer has explicitly agreed to another method of refund that does not involve any costs for him.
VI. Complaint
The Consumer may file a complaint regarding the non-conformity of Digital Content or Digital Service with the contract in writing at the address: ul. Gabrieli Zapolskiej 44, 30-126 Kraków, or at the email address: support@navicompact.com. The Seller shall respond to the complaint within 14 days from the day of its receipt.
VII. Individual Entrepreneur
The provisions of sections I-VI apply accordingly to an Individual Entrepreneur.
VIII. Exclusion of Warranty in Contracts Concluded with Entrepreneurs
1. With respect to contracts concluded between the Seller and an Entrepreneur (excluding an Individual Entrepreneur), the warranty for physical and legal defects is excluded.
2. In the case of contracts referred to in paragraph 1, the Seller's liability is limited to the amount of the price of the Digital Content or the fee for the use of the Digital Service. Liability for lost profits is excluded.
§ 15. Modification of Digital Content or Digital Service by the Seller
1. The Seller may modify the Digital Content or Digital Service, which is not necessary to maintain its conformity with the contract, only if the contract so provides and only for justified reasons indicated in the contract. However, the Seller may not modify the Digital Content or Digital Service delivered in a one-time manner.
2. The introduction of a modification referred to in paragraph 1 shall not involve any costs for the Consumer.
3. The Seller is obliged to inform the Consumer in a clear and understandable manner about the modification referred to in paragraph 1.
4. If the modification referred to in paragraph 1 significantly and negatively affects the Consumer's access to or use of the Digital Content or Digital Service, the Seller is obliged to inform the Consumer with adequate advance notice on a durable medium about the characteristics and timing of this change and the right referred to in paragraphs 5 or 6.
5. In the case referred to in paragraph 1, the Consumer may terminate the contract without notice within 30 days from the date of the modification referred to in paragraph 1, or notification of this modification, if the notification occurred later than the modification. § 14 paragraph V applies accordingly.
6. The provision of paragraph 5 does not apply if the Seller has ensured the Consumer's right to maintain, without additional costs, the Digital Content or Digital Service in accordance with the contract, in an unchanged state.
7. Paragraphs 1-6 apply accordingly to an Individual Entrepreneur.
§ 16 Installation, Dismantling, Repair
All GPS Location Devices sold by the Seller are intended for self-installation/dismantling by the Client.
Installation and Dismantling of GPS Location Devices are carried out by the Client based on instructions provided by the Seller. The Seller's liability for damages and lost profits resulting from the Client's installation or dismantling not in accordance with the provided instructions is excluded to the extent of tortious and contractual liability, except for damages caused by the Seller with intentional fault. The preceding sentence does not apply to Consumers and Individual Entrepreneurs.
Preliminary diagnostics of malfunctioning GPS Location Devices are conducted remotely by the NaviCompact Support team. To report a malfunctioning device, send a message to: support@navicompact.com.
In the case of necessary repairs, the Client should deliver the device to the service center at the address: ul. Gabrieli Zapolskiej 44, 30-126 Kraków, provided that the costs of repair or replacement, including in particular the costs of postal charges, transport, labor, and materials in the case of contracts concluded with Consumers and Individual Entrepreneurs exercising rights due to non-conformity of goods with the contract, are borne by the Seller.

§ 17. Final Provisions
1. These Terms of Use are effective from January 4, 2023.
2. In the event of a change or annulment of any of the provisions of these Terms by a competent authority or court, the remaining provisions remain in force and bind the Seller and the Client.
3. The Terms may be amended in the following cases:
  1. Change in the applicable legal regulations in the Republic of Poland and the European Union, imposing on the Seller the necessity to fulfill certain obligations to ensure the Terms' compliance with the law;
  2. Change in the Seller's business profile;
  3. Introduction of new services or conveniences by the Seller;
  4. Changes related to the conclusion or termination of the contract;
  5. Change in technical parameters necessary to conclude the contract;
  6. Change in the internet browser that the Client may use to familiarize themselves with the Terms;
  7. Change in payment methods for goods;
  8. Change in methods of delivering goods;
  9. Change in the Seller's identifying data: name (company), legal form, registered office address;
  10. Change in the address to which the goods should be returned;
  11. Change in the method/procedure for verifying Reviews;
  12. Business changes at the Seller.
4. All contracts concluded before the entry into force of the new Terms are implemented based on the Terms that were in force on the date of the contract conclusion.
5. For contracts concluded with an Entrepreneur and an Individual Entrepreneur, and for all disputes arising from them, Polish law applies, unless mandatory provisions specify otherwise.
6. For contracts concluded with a Consumer who has a habitual residence in the European Union (except Denmark) at the time of the contract conclusion and for all disputes arising from them, Polish law applies with the proviso that for contracts concluded with a Consumer and for all disputes arising from them, the law of the place of the Consumer's habitual residence applies, which cannot be excluded by contract according to the law of the Consumer's habitual residence, more favorable to the Consumer than Polish law.
7. For contracts concluded with a Consumer who does not have a habitual residence in the European Union or has a habitual residence in Denmark at the time of the contract conclusion and for all disputes arising from them, Polish law applies, unless mandatory provisions specify otherwise.
8. All disputes between the Seller and the Entrepreneur, excluding the Individual Entrepreneur, arising from the concluded contract will be settled by the court competent for the Seller's registered office, unless mandatory provisions specify otherwise.
9. All disputes between the Seller and the Consumer or the Seller and the Individual Entrepreneur arising from the concluded contract will be settled by the court competent according to the provisions of the Code of Civil Procedure, unless mandatory provisions specify otherwise.
Annex 1 - Information on Using the Right to Withdraw from the Contract
1. The right to withdraw from the contract under the following terms is granted to the Consumer and Individual Entrepreneur. You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days:
  1. In the case of a sales contract, from the day you took possession of the Goods or on which a third party other than the carrier and indicated by you took possession of the Goods;
  2. In the case of a contract obliging to transfer ownership of multiple Goods delivered separately, from the day you took possession of the last of the Goods or on which a third party other than the carrier and indicated by you took possession of the last of the Goods;
  3. In the case of a contract obliging to transfer ownership of Goods delivered in parts or batches, from the day you took possession of the last part or batch or on which a third party other than the carrier and indicated by you took possession of the last part or batch;
  4. In the case of contracts for regular delivery of Goods for a specified period, from the day you took possession of the first of the Goods or on which a third party other than the carrier and indicated by you took possession of the first of the Goods;
  5. In the case of contracts whose subject is the delivery of Digital Services or Digital Content not delivered on a tangible medium, from the day of concluding the contract.
2. To exercise the right to withdraw from the contract, you must inform us, i.e., Flotman Sp. z o.o., Armii Krajowej 18, 30-150 Kraków, tel. +48 509-520-444, email: support@navicompact.com, of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax, or email).
3. You may use the model withdrawal form, but it is not obligatory.
4. You may also fill out the Electronic return form available on the Online Store website: https://navicompact.com/returns-open.php. If you use this option, we will immediately send you a confirmation of receipt of the information on withdrawal from the contract on a durable medium.
5. To meet the withdrawal deadline, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the withdrawal period has expired.
6. In the event of withdrawal from this contract, we will refund to you all payments received from you, including the costs of delivering the goods (except for additional costs resulting from your choice of delivery method other than the cheapest standard delivery method offered by us), immediately, and in any event no later than 14 days from the day on which we were informed about your decision to exercise the right of withdrawal from this contract. We will make the refund using the same means of payment as you used for the original transaction unless you have expressly agreed otherwise.
7. In the case of contracts obliging to transfer ownership of the Goods, where we did not offer to pick up the Goods in case of withdrawal from the contract - we have the right to withhold the refund of payments until we receive the Goods or until you provide us with proof of sending them back, whichever event occurs first.
8. Please return the Goods to the address: Flotman Sp. z o.o., Armii Krajowej 18, 30-150 Kraków, immediately, and in any case not later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You will have to bear the direct costs of returning the Goods.
In the case of Goods that cannot be returned by ordinary mail (e.g., due to their size), the Consumer bears the direct costs of returning the Goods, and the amount of these costs is estimated to be no more than the amount incurred for the delivery of the Goods, but not higher than 300 PLN gross. Information that certain Goods cannot be sent by ordinary mail will be found each time in the description of the Goods on the Seller's website along with an estimated cost of returning the Goods as of the date of the contract conclusion.

Annex 2 - Model Withdrawal Form

………………..(city), date…………
……………………………………..
Name and Surname …………………………………….
Address ……………………………………
Tax Identification Number (if applicable) …………………………………….
Phone* ……………………………………
Email address*

Flotman Sp. z o.o. ul. Gabrieli Zapolskiej 44 30-126 Kraków
I/We hereby inform that I/we withdraw from the contract
No. ………………………… concluded on the date ………………….. regarding the sale of Goods/Goods with Digital Elements/the delivery of Digital Content/the provision of Digital Services** …………………………………………………………….
Please refund the costs to the following bank account number***: ………………………………………………..
…………………………………………. Name and Surname

*if available, providing the above information is not mandatory
** delete as appropriate
*** to be filled in if the refund is to be made to a different account than the one from which the payment was made

Annex 3 - TERMS AND CONDITIONS OF PROVIDING NAVICOMPACT SYSTEM LOCATION SERVICES
§ 1. Definitions
Application – software (basic version and each subsequent update) along with resources, allowing the User to monitor vehicles with an installed GPS Location Device available within the Account, intended for devices on which a web application can be run in a browser at https://app.navicompact.com, for which a non-exclusive license is granted.
Client - Consumer or entrepreneur, including also an individual concluding a contract directly related to their business activity, when the content of this contract shows that it does not have a professional nature for them, arising in particular from the subject of their business activity, made available based on the provisions on the Central Registration and Information on Business. The Client gains access to the account (Administrator Account), from which they can create a sub-account for the User (User Account).
Consumer - a natural person making a legal transaction with an entrepreneur not directly related to their business or professional activity.
SIM Card Operator – Truphone Poland Sp. z o.o.
Entrepreneur - a natural person, a legal person, and an organizational unit referred to in Article 331 § 1 of the Civil Code, conducting business or professional activity in their own name.
User – person authorized by the Client to use the Application.
GPS Location Device – a device for monitoring vehicles, having its own power supply and appropriate connectors, dedicated to specific device models. Available at the NaviCompact.com online store or on portals associated with the NaviCompact brand. ** § 2. General Provisions **
These terms and conditions apply to the vehicle position monitoring application - https://app.navicompact.com ("Application"), which is made available on the website at https://app.navicompact.com.
The entity providing and managing the Application is Flotman Sp. z o.o., NIP: 6762441088, REGON: 121488982, KRS: 0000386686, ul. Gabrieli Zapolskiej 44, 30-126 Kraków ("NaviCompact"). The company holds all property copyright to the Application.
In matters not regulated in these Terms, the terms of the Navicompact online store available at: https://navicompact.com/pl/terms.html apply.
§ 3. Rules for Using the Application
To use the Application, you must purchase a GPS Location Device along with a subscription for device access to the Application, on the page https://app.navicompact.com. The next step is to fill out the registration form to create an access account to the NaviCompact system. Contact with NaviCompact is made through Customer Support at the email address: support@navicompact.com.
After sending the GPS Location Device, the Client also receives a License Card, which contains a 25-digit license code needed to activate the account and the GPS Location Device.
The duration of the subscription for connecting the purchased device is counted from the moment of activating the device in the Application and is equal to the period for which the subscription was purchased.
Devices in the Application will be visible only after their activation in the system by the user.
Activation of the device in the Application should take place within 12 months of placing the order. In case of non-activation of the device within 12 months of placing the order, the subscription is automatically activated and will be valid for the period for which it was purchased.
One Client may have more than one Account. If necessary to set up additional accesses, this is possible from the administrator account level.
Data placed in the Application are transferred from the GPS Location Devices and stored in the Application for a period of 6 months from the day of the trip. The User has access to them from the Map module.
The User is responsible for all actions and content associated with their Account. NaviCompact is not responsible for any actions of the User or the accuracy of data placed and used by them in connection with the use of the Account and Application.
The User is responsible for storing the Account password in a safe place. NaviCompact is not responsible for damages due to non-compliance with this security requirement.
The User is responsible for using the Application in a manner consistent with the law, not violating any regulations, each jurisdiction (which also applies, but is not limited to copyright laws).
The User has the right to stop using the Application and Service and delete their account from the Application. After the User confirms the resignation, the entire Account content is deleted.
The User can extend the subscription for selected GPS Location Devices from the Application level.
§ 4. Payment Terms
Payment for the subscription is made in advance, at intervals specified in the Application. The first purchase of a subscription is linked to the purchase of a GPS Location Device in the www.navicompact.com store.
The User can extend the subscription for devices at any time. To do this, the User must purchase a subscription for the GPS Location Device in the Application.
If the User is a citizen or entity within the EU, they make payments for the Account in currencies: EUR (euro) or PLN (Polish zloty), depending on the place of residence. The fee listed in the price list is increased by the amount of VAT from the country of residence of the User. If the User is a legal entity based in another country than Poland and has a valid VAT number registered in the EU, they will not be charged VAT.
If the User resigns from the Service before the expiration of the subscription, their resignation will be considered immediate. Resignation means deleting the client's account, but does not create an obligation for the parties to settle the contract for the unused subscription period by the user.
§ 5. Operation of the Application
NaviCompact reserves the right to suspend the Application due to repair, planned maintenance, or update, and will not be liable for any inconvenience to the User or lost profits if they were a consequence of circumstances for which NaviCompact is not responsible.
The User undertakes not to duplicate, copy, sell, resell, or exploit any part of the Service in any way other than specified in the Terms without the written consent of NaviCompact.
§ 6. Complaints
Complaints concerning services provided based on these Terms should be reported to the address: support@navicompact.com.
The date of submission of the complaint is considered the date of receipt by NaviCompact of the correctly completed complaint form.
The complaint should specify:
· Name of the Client · IMEI number of the device to which the complaint relates · Citation of circumstances justifying the complaint · Date of order placement at www.navicompact.com and order number
A correctly reported complaint will be considered within 14 days from the date of its submission.
The Client will be informed about the consideration of the complaint at the email address on which the Account was registered.
To facilitate communication, the Client may contact NaviCompact at the dedicated email address: support@navicompact.com
§ 7 Intellectual Property Rights
1. The graphic elements provided on the www.navicompact.com website (e.g., photos, iconography, logos), the technical solutions applied, content elements, and the manner in which graphic elements and content are presented (layout), as well as software, databases, trademarks, and other materials placed on www.navicompact.com by NaviCompact constitute the subject of NaviCompact's intellectual property rights and are protected in accordance with the Act of February 4, 1994, on copyright and related rights (Journal of Laws of 2019, item 1231, as amended), the Act of June 30, 2000, on Industrial Property Law (Journal of Laws of 2020, item 286, as amended), and other applicable laws.
2. Considering that one of NaviCompact's services is enabling customers to use the functionality of the online store, NaviCompact grants only a non-exclusive, non-transferable, and non-assignable License for this service. The License is not territorially limited but is time-restricted – i.e., it is granted for the duration of using the store.
3. The License referred to in point 2 is granted for the following fields of exploitation:
  1. Temporary multiplication of the online store by displaying it in an internet browser, as well as saving temporary files to use the available functionalities,
  2. Public display in such a way that customers have access to it at a place and time of their choosing - provided that the use of this license does not violate point 1.
§ 8. Warranty Exclusion, Limitation of Liability
NaviCompact's servers are located in the European Union and are protected by an alarm system monitored 7 days a week, 24 hours a day.
All files and data on NaviCompact's servers, including personal data, stored and processed as part of the service, are secured, and their backups are kept in a place safe from fire and theft, separate from the main NaviCompact server locations. Full backups of NaviCompact servers are performed daily, while full backups of user account data are performed continuously to ensure the security of User data at all times.
NaviCompact's service operation depends on the proper provision of services by the SIM Card Operator. NaviCompact is not responsible for any irregularities in service provision resulting from the failure or improper provision of services by SIM Card Operators, except for damage intentionally caused to them.
NaviCompact provides services under the condition that the device's IMEI is within the range of GNSS and mobile network coverage.
NaviCompact is not responsible for any irregularities arising from errors in the map module of the Application or maps provided by their manufacturer, except for damage intentionally caused to them. NaviCompact is not liable for non-performance or improper performance of Services resulting from force majeure. Force majeure particularly includes natural events such as earthquakes, epidemics, pandemics, floods, hurricanes, acts of war, including terrorist acts, actions of public authorities, including orders of public authorities taking the form of normative law provisions, events in the form of sudden, large-scale social protests (strikes, demonstrations, etc.).
NaviCompact is not liable for improper use of the Application by the Client or for non-performance or improper performance of Services due to the Client's fault, non-compliance with the Terms, instructions, or unlawful actions of the Client.
NaviCompact is not responsible for irregularities or inaccuracies in the operation of devices, accessories, or sensors of the Client, which were not provided by NaviCompact.
The User acknowledges that NaviCompact does not own other networks and computer systems outside its own network, and therefore NaviCompact is not responsible for problems with such networks.
§ 9. License to Use the Application
1. As part of the access to the Application, the Seller grants the Client a non-exclusive, non-transferable license to use the computer software (hereinafter referred to as: Software), without the right to grant further licenses.
2. The Seller ensures and guarantees to the Client that:
  - they are the owner of the Software and hold all personal and property rights to it,
  - their use of the Software and its disposal will not violate legal provisions, personal or property rights, or the rights of third parties, and they will not be encumbered with third-party rights that prevent the Client from using the Software under the terms set out in these terms and conditions.
3. The granted license is not territorially limited.
4. The license for the Software is valid for the duration of the contract, which is determined by the periods of the Application subscription.
5. The license is granted for the following fields of exploitation:
  - Transmitting information and data to the Software;
  - Downloading information and feedback data from the Software;
  - Archiving data and information generated by the Software;
  - Providing Clients with data and feedback information generated by the Software.
§ 10. Final Provisions
This regulation is effective from April 1, 2023.
The regulation may be amended in the following cases:
1. Changes in the applicable legal regulations in the Republic of Poland and the European Union, imposing on NaviCompact the obligation to fulfill specific duties to ensure the regulation's compliance with legal provisions;
2. Changes in NaviCompact's business profile;
3. Introduction of new services or facilities by NaviCompact;
4. Introduction of changes related to concluding or terminating the contract;
5. Change in technical parameters necessary to conclude the contract;
6. Change in the internet browser that the client can use to review the regulations;
7. Change in NaviCompact's identifying data: name (company), legal form, registered office address;
8. Change of address for filing complaints;
9. Introduction of new tools extending or supplementing the Application, including adding new features, tools, and resources;
10. Change of the SIM card operator.
Clients will be informed about changes to the regulation 14 days before they come into effect, by placing such information in a visible place on the NaviCompact website and in the Application. A client who disagrees with the change has the right to terminate the contract within 14 days from the date of becoming acquainted with the changes in the Application.
Changes to the regulation are introduced without additional costs for the Client.
For contracts concluded before the new regulation comes into effect, the provisions of the existing regulation apply, unless the introduced changes are more favorable for the client.
The current version of the regulation and archival versions are available on the page https://app.navicompact.com/documents, indicating the period during which they were in effect. The rules for processing personal data in connection with the provision of the service are regulated by the document entitled "Privacy Policy," available on the www.navicompact.com website.
All NaviCompact servers are located within the European Union.
For contracts concluded with Entrepreneurs and Individual Entrepreneurs, as well as any disputes arising therefrom, Polish law applies, unless mandatory provisions state otherwise.
For contracts concluded with Consumers having a usual residence in the European Union (except Denmark) at the time of concluding the contract and any disputes arising therefrom, Polish law applies, with the proviso that for contracts concluded with Consumers and any disputes arising therefrom, the provisions of the law of the Consumer's usual place of residence apply, which cannot be excluded by contract according to the law of the Consumer's usual place of residence, more favorable for the Consumer than Polish law provisions.
For contracts concluded with Consumers not having a usual residence in the European Union or having a usual residence in Denmark at the time of concluding the contract and any disputes arising therefrom, Polish law applies, unless mandatory provisions state otherwise.
All disputes between the Seller and the Entrepreneur, excluding the Individual Entrepreneur, arising from the concluded contract will be settled by the court competent for the Seller's registered office, unless mandatory provisions state otherwise.
All disputes between the Seller and the Consumer or the Seller and the Individual Entrepreneur arising from the concluded contract will be settled by the court competent according to the provisions of the Code of Civil Procedure, unless mandatory provisions state otherwise.
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Annex 4 – DATA PROCESSING AGREEMENT
concluded between:
FLOTMAN limited liability company, with its registered office in Krakow, at Gabrieli Zapolskiej 44, 30-126 Krakow, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Krakow-Central in Krakow, XI Commercial Division of the National Court Register under KRS number: 0000386686, with tax identification number NIP 6762441088, REGON 121488982, represented by the board: Przemysław Auguścik and Tomasz Małaczek
hereinafter referred to as the “Processing Entity”
and
The Client being the Data Controller, who will entrust the processor with personal data in connection with the conclusion of an agreement related to the use of the Application.
hereinafter referred to as the “Data Controller” or “Administrator”

§ 1 Entrusting of Personal Data Processing
1. The Parties hereby declare that they have entered into an agreement for providing services supporting fleet management and geolocation of vehicles under the Application subscription (Agreement or Basic Agreement), under which the Processing Entity (in the Agreement: Contractor) provides the aforesaid services to the Data Controller (in the Agreement: Client). This agreement is an annex to the Agreement and forms an integral part of it. In case the Parties to this agreement have entered into several Basic Agreements, the provisions of this agreement shall apply accordingly to each of them.
2. In connection with the conclusion of the Agreement, the Data Controller entrusts the Processing Entity, in accordance with Article 28 of the European Parliament and Council Regulation (EU) 2016/679 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 (hereinafter referred to as the "Regulation"), with the personal data listed in Annex No. 1 to this agreement, for processing, under the terms and for the purpose specified in this agreement.
3. The Data Controller declares that they are the Controller of the data listed in Annex No. 1 to this agreement and that they are authorized to process them to the extent that they have entrusted them to the Processing Entity.
4. The Processing Entity undertakes to process the entrusted personal data in accordance with this agreement, the Regulation, and other generally applicable laws protecting the rights of the data subjects.
5. The Processing Entity declares that it applies security measures meeting the requirements of the Regulation.
§ 2 Scope and Purpose of Data Processing
1. The Processing Entity will process the data entrusted under this agreement as contained in Annex No. 1 to this agreement. The processing will only involve ordinary personal data. The processing will not include special categories of data or criminal data. The processing will concern the data of the Administrator's employees, the Administrator's contractors, and persons employed by or providing services to the Administrator on another legal basis, who use vehicles belonging to the Administrator or their own vehicles but have consented to the Administrator for monitoring and locating their vehicles.
2. The nature and purpose of processing arise from the Basic Agreement. In particular, the personal data entrusted by the Administrator will be processed by the Processing Entity solely for the purpose of executing the Basic Agreement.
§ 3 Obligations of the Processing Entity
1. The Processing Entity undertakes, when processing the entrusted personal data, to secure them by applying appropriate technical and organizational measures ensuring an adequate level of security corresponding to the risk associated with the processing of personal data, as referred to in Article 32 of the Regulation.
2. The Processing Entity commits to exercise due diligence in processing the entrusted personal data.
3. The Processing Entity undertakes to authorize all persons who will process the entrusted data for the purpose of executing this agreement. The Processing Entity undertakes to limit access to personal data only to those persons whose access to the data is necessary for the execution of this agreement and who have the appropriate authorization.
4. The Processing Entity undertakes to ensure the confidentiality (as referred to in Article 28(3)(b) of the Regulation) of the processed data by persons who are authorized to process personal data for the purpose of executing this agreement, both during their employment at the Processing Entity and after its termination. For this purpose, the Processing Entity obtains documented commitments to confidentiality from persons who have been authorized to process data in the execution of the agreement, or ensures that these persons are subject to a statutory duty of confidentiality.
5. The Processing Entity undertakes to maintain documentation describing the method of processing data entrusted under this agreement, including a register of personal data processing activities (Article 30 of the Regulation). The Processing Entity makes available to the Administrator, upon request, the processing activity register of the Processing Entity, excluding information constituting the secret of other clients of the Processing Entity.
6. The Processing Entity undertakes to ensure the Administrator's archival access, available to the Client from the Application level, to geolocation data obtained from GPS locators for a period of 6 months, counting from the day of their acquisition (i.e., the execution of the trip), remaining at the disposal of the Administrator within the Application subscription. After the period indicated in the preceding sentence, geolocation data is stored by the Processing Entity for a period of 5 years from the date of their acquisition. After the termination of the agreement, the data referred to in the preceding sentences of this paragraph 6 will be available to the Administrator for a period of 30 days from the date of termination of the agreement, and after the expiry of this period, the data will be anonymized by the Processing Entity.
7. To the extent possible, the Processing Entity assists the Administrator in the necessary scope to comply with the obligation to respond to requests from the data subject and to comply with the obligations set out in Articles 32-36 of the Regulation. The Processing Entity undertakes to respond to requests from the data subject concerning the entrusted data, in a manner previously agreed with the Administrator, in the scope of exercising rights specified in Chapter III of the Regulation ("Individual's Rights"). The Processing Entity declares that, in relation to the entrusted data, it undertakes to assist the Administrator in handling the Individual's Rights specified in Chapter III of the Regulation.
8. If the Processing Entity has doubts about the legality of the instructions or orders issued by the Administrator, the Processing Entity immediately informs the Administrator about the identified doubt (in a documented manner and with justification).
9. Upon detecting a personal data breach, the Processing Entity reports it to the Administrator without undue delay, within 48 hours. The notification of the breach should be sent along with all necessary documentation concerning the breach, to enable the Administrator to fulfill the duty to notify the supervisory authority. Except for the cases indicated in the preceding sentences, the Processing Entity is obliged to keep all information about personal data breaches confidential and disclose them only to the Administrator or entities authorized to receive this information under legal provisions. In the event of a personal data breach, the Processing Entity immediately takes all necessary technical and organizational measures to remove or minimize the effects of the personal data breach.
§ 4 Administrator's Obligations
The Administrator is obliged to cooperate with the Processing Entity in the execution of the agreement, provide explanations to the Processing Entity in case of doubts about the legality of the Administrator's instructions, and comply with their detailed obligations arising from this agreement in a timely manner.
§ 5 Right to Control
1. The Data Controller, in accordance with Article 28(3)(h) of the Regulation, has the right to control whether the measures applied by the Processing Entity for processing and securing the entrusted personal data comply with the provisions of the agreement.
2. The Data Controller will exercise the right to control during the working hours of the Processing Entity and with a minimum 14-day notice, not more frequently than once a year, unless an additional audit is necessary to clarify a breach of data protection by the Processing Entity or if the data protection authority imposes an obligation on the Administrator to conduct an audit. The Administrator or persons designated by them are authorized to (i) enter the premises where the personal data entrusted under this agreement are processed and (ii) inspect the documentation related to the processing of personal data that are the subject of this agreement. The Administrator is entitled to request the Processing Entity to provide information concerning the processing of the entrusted personal data and to make available the processing registers only in the scope of the entrusted data.
3. The Processing Entity cooperates with the data protection authority in the performance of its tasks.
4. The Processing Entity undertakes to correct any deficiencies identified during the control within the period specified by the Data Controller, not exceeding 60 days, subject to § 3 paragraph 8.
5. The Processing Entity provides the Administrator with all information necessary to demonstrate compliance with the obligations set out in Article 28 of the Regulation.
§ 6 Further Entrustment of Data Processing
1. The Processing Entity may further entrust the personal data covered by this agreement to subcontractors only for the purpose of executing the agreement after obtaining the prior acceptance of the Data Controller or lack of objection. Entrusting the processing of data to a subcontractor requires prior notification to the Administrator to enable them to express an objection. The Processing Entity may entrust the personal data covered by this agreement for further processing to subcontractors if the Administrator does not object within two weeks from the date of notification. The Administrator may, for justified reasons, submit a documented objection to entrusting the data to a specific subcontractor. In the event of an objection, the Processing Entity is not entitled to entrust the data to the subcontractor subject to the objection. The Processing Entity will notify the Administrator of any doubts about the validity of the objection and any potential negative consequences in time to ensure the continuity of processing. The Processing Entity is not entitled to transfer the entire execution of this agreement to a subcontractor.
2. The Processing Entity declares that personal data may be transferred to a third country (United States of America) due to the use of Google services. This data may be stored entirely or partially on American servers. Google applies standard contractual clauses issued by the European Commission. Detailed information is available in the Google Privacy Policy: https://policies.google.com/privacy/frameworks?hl=en
3. The subcontractor must meet the same guarantees and obligations as those imposed on the Processing Entity in this Agreement.
4. The Processing Entity is fully responsible to the Administrator for the subcontractor's failure to fulfill the data protection obligations entrusted under this agreement.
§ 7 Liability of the Processing Entity
1. The Processing Entity is responsible for providing or using the entrusted personal data contrary to the terms of this agreement, and in particular for providing the entrusted personal data to unauthorized persons.
2. The Processing Entity undertakes to immediately inform the Data Controller of any proceedings, in particular administrative or judicial, regarding the processing of personal data specified in the agreement by the Processing Entity, of any administrative decision or judgment concerning the processing of these data, directed to the Processing Entity, and of any planned, as far as they are known, or carried out inspections and audits regarding the processing of these personal data by the Processing Entity, in particular conducted by inspectors authorized by the supervisory authority. This provision applies only to personal data entrusted by the Data Controller.
§ 8 Duration and Termination of the Agreement
1. This agreement is valid from the date of its conclusion for the period specified until the termination or expiry of the Basic Agreement, and in the case where the Basic Agreement obliges the Processing Entity to archive the entrusted data for a specified period, this agreement is valid until the date on which the data archiving period expires, in accordance with the Agreement. In the case of the Parties to this agreement entering into several Basic Agreements, this agreement applies accordingly to the termination or expiry of each of the Basic Agreements. In the case of several Basic Agreements, the data archiving period indicated above refers separately to each of the Basic Agreements.
2. Either party may terminate this agreement with a 1-month notice period. In the event of termination of this agreement without termination or resolution of the Agreement or Basic Agreements, the Administrator is obliged to anonymize the data covered by this agreement to enable the Processing Entity to execute the Agreement or Basic Agreements without access to the personal data covered by this agreement.
3. In the absence of different provisions or statements by the Parties, a declaration of termination or resolution of the Basic Agreement shall be understood as a declaration of termination or resolution of this data entrustment agreement.
4. The Data Controller may terminate this agreement with immediate effect if the Processing Entity:
a. Processes personal data in a manner inconsistent with the agreement or legal provisions;
b. Entrusted the processing of personal data to another entity without the consent of the Data Controller.
§ 9 Confidentiality Obligations
1. The Processing Entity undertakes to keep confidential all information, materials, documents containing personal data received from the Data Controller and cooperating persons, and personal data obtained by the Processing Entity in any other way, intended or accidental, in oral, written or electronic form ("confidential data").
2. The Processing Entity declares that in connection with the obligation to maintain the confidentiality of confidential data, they will not be used, disclosed or made available without the written consent of the Data Controller for any purpose other than the execution of the agreement, unless the necessity to disclose the possessed information arises from applicable legal provisions or the agreement.
§ 10 Final Provisions
1. In matters not regulated, the provisions of the Regulation shall apply.
2. The competent court for resolving disputes arising from this agreement shall be the court competent for the Processing Entity. The preceding sentence does not apply to the Individual Entrepreneur.
3. The invalidity of any of the provisions of this agreement remains without effect on the validity of the remaining provisions. In the event of some provisions of this agreement being declared invalid, the Parties will strive to replace the invalid provisions with provisions that produce the same or similar civil law effect.
ANNEX NO. 1
to the data entrustment agreement
Personal Data

Categories of persons whose data are concerned:	Type of Personal Data	Processing Activities	Form of Processing
Employees of the Administrator, contractors of the Administrator, persons employed by the Administrator on another legal basis, persons providing services for the Administrator on any legal basis, who use vehicles belonging to the Administrator or who use their own vehicles but have given consent to the Administrator for monitoring and locating their vehicles.	First and last name; Geolocation data (i.e., data regarding location); Parameters related to the driving of vehicles used by the aforementioned persons, namely, throttle pedal pressure, acceleration and braking; Engine RPM; Speed; ESP/ABS; Number of safety belt warning messages and maximum speed without safety belts; Maximum speed [km/h]; Distance travelled [km]. Parameters available in the vehicle and peripheral devices related to safety and driving efficiency.	Collecting, recording, organizing, structuring, storing, consulting, using, recording on electronic data carriers, erasing or destroying.	The Processor commits to processing personal data both in paper and electronic form.