TERMS AND CONDITIONS OF THE
BLUENATIONWORK.COM ONLINE
APPLICATION
Thank you for visiting our online application available at https://bluenationwork.com and as a mobile
application for iOS and Android devices (hereinafter: “BlueNationWork”, the “Application”).
BlueNationWork is a recruitment application operating as a social networking platform, whose primary purpose
is to connect employers with persons seeking employment in production and service-sector positions. The
Application is available both as a browser-based web application and as a mobile application for iOS and
Android devices.
These Terms and Conditions establish the general rules and conditions governing the use of the Application.
Should you decide to use BlueNationWork, these Terms and Conditions govern, in particular, the rules for using
the Application, including matters concerning our liability.
Please read these Terms and Conditions carefully.
The BlueNationWork Team
TABLE OF CONTENTS:
1. PRELIMINARY PROVISIONS
2. THE ROLE OF BLUENATIONWORK
3. GENERAL CONDITIONS OF USE OF THE APPLICATION
4. DETAILED CONDITIONS OF USE OF THE APPLICATION
5. ELECTRONIC SERVICES IN BLUENATIONWORK
6. RULES FOR USING AN ACCOUNT
7. CANDIDATE AND EMPLOYER PROFILES AND PRIVACY SETTINGS
8. JOB OFFERS
9. RATINGS AND EVALUATIONS SYSTEM
10. RANKINGS AND POPULARITY STATUS SYSTEM
11. GENERATION OF A CV BY A CANDIDATE
12. COMMUNICATION BETWEEN EMPLOYERS AND CANDIDATES
13. PROVISION OF CONTENT BY SERVICE RECIPIENTS
14. RULES OF ACCESS TO THE APPLICATION (LICENCE TO USE)
15. PAYMENT TERMS IN BLUENATIONWORK
16. ILLEGAL CONTENT AND OTHER CONTENT CONTRARY TO THE TERMS AND CONDITIONS
17. RESTRICTION, SUSPENSION AND TERMINATION OF SERVICES
18. CONTACT WITH BLUENATIONWORK
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19. COMPLAINTS PROCEDURE
20. STATUTORY RIGHT OF WITHDRAWAL
21. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
22. ADDITIONAL PROVISIONS (APPLICABLE TO ENTREPRENEURS)
23. COPYRIGHT IN BLUENATIONWORK
24. TECHNICAL INTERRUPTIONS AND FAILURES
25. FINAL PROVISIONS
1) PRELIMINARY PROVISIONS
26. BlueNationWork is owned by EAST WAVE CULTURE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ,
with its registered office in Gliwice (registered office and correspondence address: ul. Piwna 8A, 44-100
Gliwice), entered in the Register of Entrepreneurs of the National Court Register under KRS No.
0000975732; registration court maintaining the company records: District Court in Gliwice, 10th
Commercial Division of the National Court Register; share capital: PLN 40,000.00; NIP 6312705386, REGON
522233438, email address: info@bluenationwork.com, telephone number: +48 32 307 07 40.
27. These Terms and Conditions are addressed to all persons using the Application, unless a particular
provision states otherwise. The provisions of these Terms and Conditions are not intended to exclude or
limit any rights of Consumers or natural persons referred to in Article 385[5] of the Civil Code that they
enjoy under mandatory provisions of law. In the event of any inconsistency between these Terms and
Conditions and such provisions, the latter shall prevail.
28. The Application is available as a browser-based web application at https://bluenationwork.com and as a
mobile application for iOS and Android devices. These Terms and Conditions apply to both versions of the
Application. Use of the mobile version of the Application may additionally be subject to the terms and
conditions of the relevant application stores (Apple Inc.’s App Store or Google LLC’s Google Play), which
are separate from these Terms and Conditions.
29. The Service Provider is the controller of personal data processed in the Application in connection with the
performance of these Terms and Conditions. Personal data are processed for the purposes, for the
periods, and on the legal bases and principles specified in the privacy policy published on the Application
website. In particular, the privacy policy sets out the rules governing the Service Provider’s processing of
personal data in the Application, including the legal bases, purposes and periods of processing, the rights
of data subjects, and information concerning the use of Cookies and analytical tools in the Application. Use
of the Application is voluntary. Likewise, the provision of personal data by a Service Recipient using the
Application
is voluntary, subject to the exceptions indicated in the privacy policy.
30. In addition to the Service Provider, independent third parties also operate within the Application, namely
Service Recipients (Candidates and Employers), who may interact with one another, share content and
communicate using the BlueNationWork functionalities made available by the Service Provider.
31. Capitalised terms used in these Terms and Conditions shall have the following meanings:
a. TERMS AND CONDITIONS – these terms and conditions of the Application.
b. APPLICATION, BLUENATIONWORK – the Service Provider’s online application available as a
browser-based web application at https://bluenationwork.com and as a mobile application for iOS
and Android devices.
c. ELECTRONIC SERVICE – a service supplied electronically by the Service Provider to a Service Recipient
through the Application in accordance with the Terms and Conditions.
d. SERVICE RECIPIENT – any person who uses or intends to use the Electronic Services available in
BlueNationWork, namely: (1) a natural person with full legal capacity and, in cases provided for by
generally applicable law, also a natural person with limited legal capacity; (2) a legal person; or (3) an
organisational unit without legal personality to which the law grants legal capacity.
e. SERVICE PROVIDER – EAST WAVE CULTURE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with
its registered office in Gliwice (registered office and correspondence address: ul. Piwna 8A, 44-100
Gliwice), entered in the Register of Entrepreneurs of the National Court Register under KRS No.
0000975732; registration court maintaining the company records: District Court in Gliwice, 10th
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Commercial Division of the National Court Register; share capital: PLN 40,000.00; NIP
6312705386, REGON 522233438, email address: info@bluenationwork.com, telephone number: +48
32 307 07 40.
f. EMPLOYER / CANDIDATE ACCOUNT, ACCOUNT – a collection of resources and functionalities available
in the BlueNationWork ICT system, identified by an individual name (login) and password provided by
the Service Recipient. The Account enables the use of Electronic Services for which possession of an
Account of the relevant type is required.
g. EMPLOYER / CANDIDATE PROFILE, PROFILE – the part of a Service Recipient’s Account containing
information provided by the Service Recipient about themselves and other content made available
publicly or within a selected visibility level. Profile visibility depends on the privacy settings selected
by the Service Recipient in accordance with the Terms and Conditions.
h. CANDIDATE – a Service Recipient who uses the Application through a Candidate Account in order to
seek employment in the production and service-sector labour market and to apply for Job Offers
posted in the Application.
i. EMPLOYER – a Service Recipient who uses the Application through an Employer Account in order to
search for employees and post Job Offers.
j. JOB OFFER – an Employer’s announcement, irrespective of its title, concerning a proposal of
employment in the position specified in the announcement and published in the Application. Job
Offers are for information purposes only and do not constitute an offer within the meaning of Article
66 § 1 of the Civil Code.
k. RATINGS AND EVALUATIONS – the system of mutual ratings and opinions between Candidates and
Employers, as well as ratings of Job Offers, available in the Application and enabling an opinion to be
expressed about the other party or a particular Job Offer in the recruitment process.
l. RANKINGS AND STATUSES – the system reflecting the popularity and activity of Service Recipients in
the Application, based on an algorithm that takes into account activity, ratings and other parameters
relating to the use of the Application, expressed as levels (statuses) assigned to Service Recipients.
m. CV – a curriculum vitae document generated by the Application at the Candidate’s request on the
basis of data contained in the Candidate’s Profile or entered directly by the Candidate.
n. PRICE LIST – the price list for paid services available in the relevant information tab in the Application.
o. ILLEGAL CONTENT – information which, in itself or by reference to an activity, including the sale of
products or the provision of services, is not in compliance with European Union law or with the law
of any Member State that is consistent with European Union law, irrespective of the precise subject
matter or nature of that law.
p. CONSUMER – a natural person whose use of the Application and its Electronic Services is not directly
connected with their business or professional activity. In addition, as of 1 January 2021 and with
respect to contracts concluded from that date, provisions concerning Consumers also apply to a
natural person whose use of the Application is directly connected with their business activity where
the circumstances indicate that it is not of a professional nature for that person, arising in particular
from the subject matter of their business activity as disclosed under the regulations governing the
Central Register and Information on Business Activity.
q. CIVIL CODE – the Act of 23 April 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended).
r. COPYRIGHT ACT – the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws No.
24, item 83, as amended).
s. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item
827, as amended).
t. DIGITAL SERVICES ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of
19 October 2022 on a Single Market for Digital Services (Digital Services Act) (OJ L 277, 27.10.2022,
pp. 1–102).
2) THE ROLE OF BLUENATIONWORK
1. The role of BlueNationWork is to provide a space and tools enabling Employers, namely entities seeking
employees for production and service-sector positions, to connect with Candidates, namely persons
seeking employment. The Service Provider supplies Service Recipients with functionalities that enable
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them to interact and communicate remotely through the Application on the terms set out later in these
Terms and Conditions.
2. The Service Provider is not the author of any content posted in the Application by Service Recipients,
including Job Offers and Profiles. Service Recipients are independent third parties in relation to the Service
Provider. The Service Provider does not act as an intermediary or as a party to any agreements concluded
between Candidates and Employers on the basis of Job Offers in the Application. The Service Provider
supplies no services to Service Recipients other than the Electronic Services specified in these Terms and
Conditions.
3. Any announcements by Service Recipients available in the Application, including Job Offers, are for
information purposes only and do not constitute an offer within the meaning of Article 66 § 1 of the Civil
Code. In order to conclude any agreement concerning the subject matter of a given announcement, the
interested parties must in each case contact one another directly and agree the details.
4. Ratings posted in the Ratings and Evaluations system contain the opinions of Service Recipients and do not
represent the opinion of the Service Provider. The Service Provider does not verify the accuracy of
individual ratings and evaluations; however, it provides Service Recipients with a mechanism for reporting
ratings that are unlawful or contrary to the Terms and Conditions.
5. The Service Provider exercises due care in updating and verifying the accuracy of data presented in the
Application for whose publication it is responsible. However, the Service Provider does not guarantee that
data posted in the Application by Service Recipients are current or reliable. The Service Provider shall not
be liable for any inaccuracies in such data, without prejudice to the Service Provider’s liability towards
Service Recipients who are Consumers under mandatory provisions of applicable law.
6. The Service Provider warns of the risks associated with interacting with other Service Recipients using the
Application. Each Service Recipient should carefully assess the information and data received from other
Service Recipients, particularly where the Service Recipient cannot be certain of their identity or of the
reliability of the content they provide. A Service Recipient should always exercise caution when dealing
with other Service Recipients and should not disclose any information they regard as confidential, in
particular Account login details. Service Recipients establish contact, disclose their data or otherwise
interact with one another entirely at their own risk.
3) GENERAL CONDITIONS OF USE OF THE APPLICATION
1. The Service Recipient is required to use the Application in accordance with its subject matter and intended
purpose, these Terms and Conditions, the law and accepted standards of conduct, with due respect for the
personal rights, copyright and intellectual property rights of the Service Provider, other Service Recipients
and third parties. The Service Recipient must provide information that is factually accurate. The Service
Recipient is prohibited from providing unlawful content, including Illegal Content within the meaning of
the Digital Services Act. The Service Recipient may not transmit unsolicited commercial communications
(spam) through the Application. The Service Recipient must refrain from any action that interferes with the
proper operation of BlueNationWork and must use the Application in a manner that does not threaten the
security of the Service Provider’s or any third party’s ICT system.
2. The Service Provider complies with Article 14(1) of the Act of 18 July 2002 on the Provision of Electronic
Services (Journal of Laws 2002 No. 144, item 1204, as amended), under which it shall not be liable where
it is unaware of the unlawful nature of data posted by a Service Recipient in BlueNationWork or of related
activity and, upon receiving an official notice or obtaining reliable information that the data or related
activity is unlawful, promptly disables access to such data. This paragraph is without prejudice to the rights
and obligations arising under the Digital Services Act and set out in Section 16 of the Terms and
Conditions.
3. The Service Provider uses due care to ensure that use of the Application is comprehensible and
transparent for Service Recipients; however, it cannot guarantee that a Service Recipient will be able to
use all Electronic Services independently or that they will be useful in achieving the objectives expected by
the Service Recipient. To the fullest extent permitted by law, the Application is made available by the
Service Provider in the form in which it is supplied (“as is”), and the Service Provider gives no express or
implied assurance that it is suitable for any particular purpose. The preceding reservation does not exclude
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or limit the Service Provider’s liability towards Service Recipients who are Consumers for improper
performance, as provided for by mandatory provisions of applicable law.
4. Use of the Application involves the standard risks associated with the Internet. A fundamental risk for
every Internet user, including Service Recipients using Electronic Services, is the possibility that the ICT
system may be “infected” by various types of software created mainly to cause damage or obtain
unauthorised access to the Service Recipient’s data. To avoid such risks, the Service Provider recommends
that the Service Recipient install antivirus software on the equipment used to connect to the Internet and
keep it continually updated by installing the latest versions.
5. As the Application is intended for seeking employment and recruiting employees, Service Recipients who
are Candidates should be at least 18 years old. By using the Application, a Candidate declares that they are
at least 18 years old. The Service Provider does not knowingly collect personal data of persons under 18
years of age for the purpose of supplying Electronic Services connected with seeking employment. If the
Service Provider becomes aware that an Account has been created by a person under 18 years of age, it
shall promptly delete that Account.
4) DETAILED CONDITIONS OF USE OF THE APPLICATION
1. The Application is available (i) as a browser-based web application at https://bluenationwork.com and (ii)
as a mobile application downloadable from the App Store (Apple Inc.) and Google Play (Google LLC).
2. Use of the mobile version of the Application may commence only after the Application has been
downloaded and installed on a device meeting the minimum technical requirements specified in the Terms
and Conditions.
3. The minimum technical requirements necessary for the proper use of the Application are as follows:
a. Mobile version: (1) a smartphone or other mobile device with active Internet access; (2) a currently
supported version of iOS or Android; (3) access to email.
b. Browser version: (1) a computer, laptop or other multimedia device with Internet access; (2) access
to email; (3) an up-to-date web browser: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft
Edge; and (4) Cookies and JavaScript enabled in the web browser.
4. The Service Recipient shall bear, at their own expense and under their agreement with the data
transmission service provider, all data transmission costs incurred when downloading and using the mobile
version of the Application.
5. The Service Recipient may cease using the Application at any time and without stating a reason by closing
the web browser (browser version) or independently uninstalling the Application from their device (mobile
version), in accordance with the operating instructions for that device. Uninstalling the Application or
ceasing to use it does not constitute deletion of the Service Recipient’s Account.
6. Uninstalling the Application or otherwise ceasing to use it does not entitle the Service Recipient to a
refund of payments made for an unused period of paid Electronic Services, provided that this is not
intended to exclude or limit the rights of a Service Recipient who is a Consumer under generally applicable
law, in particular the right to withdraw from a distance contract.
7. The Application may send the Service Recipient push notifications concerning new activity or changes in
the Application and its content, including while the Application is running in the background (i.e. is not
being actively used by the Service Recipient). Such notifications may be sent only after the Service
Recipient has given the relevant consent, in particular by granting permissions when the Application is first
launched. Consent to receive notifications may be withdrawn at any time and without stating a reason, for
example in the Service Recipient’s device settings concerning permissions for the Application. Withdrawal
of consent shall not affect the lawfulness of notifications sent before its withdrawal.
5) ELECTRONIC SERVICES IN BLUENATIONWORK
1. Any Service Recipient may use the Application on the terms set out in the Terms and Conditions.
2. Use of the Electronic Services is free of charge unless the Terms and Conditions provide otherwise. The
payment rules applicable to paid services in the Application are set out in the Price List and Section 15 of
the Terms and Conditions.
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3. The basic Electronic Service in the Application is the Account. Depending on its type, it provides access to
other BlueNationWork resources and functionalities for which an Account of the relevant type is required.
4. Depending on the role in which the Service Recipient acts, the Service Recipient may use, in particular, the
following Electronic Services in the Application:
a. Candidate: (1) maintaining a Candidate Account; (2) completing, editing and deleting data in the
Candidate Profile; (3) managing Profile privacy settings; (4) searching and browsing Job Offers,
including through the tile-browsing (swipe) feature; (5) adding Job Offers and Candidates to
favourites; (6) submitting applications in response to Job Offers; (7) generating a CV on the basis of
Profile data; (8) using the Ratings and Evaluations system; (9) using the messenger (chat) and sending
and receiving private messages through it; and (10) blocking selected Employers.
b. Employer: (1) maintaining an Employer Account; (2) completing, editing and deleting data in the
Employer Profile; (3) adding, editing, archiving and deleting Job Offers; (4) searching and browsing
Candidate Profiles; (5) adding Candidates to favourites; (6) sending recruitment invitations to
Candidates; (7) using the Ratings and Evaluations system; (8) using the messenger (chat) and sending
and receiving private messages through it; and (9) blocking selected Candidates.
5. A detailed description of the Electronic Services and the principles governing their operation, as well as
the differences between the individual types of Accounts in the Application, is available in these Terms and
Conditions and on the Application pages, including in messages, tutorials and contextual information
displayed while the Application is being used.
6) RULES FOR USING AN ACCOUNT
1. An Account may be used once the Service Recipient has completed all of the following steps: (1)
completing the interactive Account registration form available in the Application; (2) clicking “Join us” or
another equivalent registration button displayed in the Application; and (3) confirming the intention to
create the Account by clicking the link automatically sent to the email address provided or using another
verification mechanism available in the Application. At that moment, an agreement for the use of the
Account is concluded between the Service Recipient and the Service Provider. Registration is also possible
using available login mechanisms through accounts held with external services (e.g. Google or Apple ID);
an Account in the Application is created upon the first such login. The Service Recipient selects the
Account type (Candidate Account or Employer Account) once during registration. This choice is final and
cannot be changed after the Account has been created. A Service Recipient who wishes to use the
Application in another role may create a separate Account of the other type. Depending on the Account
type, the Service Recipient must provide the following information:
a. Candidate Account: email address and password or external login. Full use of the Application by a
Candidate requires the Profile to be completed, including the Candidate’s first name, surname, date
of birth and gender, to the extent indicated as mandatory in the Application.
b. Employer Account: company name, email address and password or external login.
2. The Service Recipient should ensure that the password selected for logging in to the Account is sufficiently
complex and unique and, in particular, is not a password that the Service Recipient uses elsewhere on the
Internet.
3. Use of the Account and all its functionalities also requires the Profile to be completed with data indicated
as mandatory. The Profile may be completed through the Account settings. Each time the Service Recipient
edits the Profile, the Application indicates the scope of the required data.
4. The Service Recipient must keep the data provided in connection with the Account up to date whenever
they change.
5. Without the Service Provider’s consent, the Service Recipient may hold only one Account of each type at
the same time (for example, it is permitted to hold a Candidate Account and an Employer Account
simultaneously).
6. The Service Recipient must keep the Account access details confidential from third parties. The Service
Recipient may not grant other persons access to the Account, including by renting or lending the Account.
7. The Electronic Service consisting of the Service Recipient’s Account is supplied free of charge for an
indefinite period. The Service Recipient may delete the Account (terminate the Account) at any time and
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without stating a reason by sending an appropriate request to the Service Provider, in particular by
email to info@bluenationwork.com, or independently through the Account settings. Removing the
mobile Application from a device does not automatically delete the Account; in order to delete it, the
Service Recipient must submit the relevant request in one of the ways indicated above.
8. Once the Account has been deleted in any manner, it is no longer possible to log in to or use the Account’s
functionalities and resources; however, the Service Recipient may create a new Account in the same
manner as before. Where the Account was deleted by the Service Provider for reasons attributable to the
Service Recipient, the Service Recipient may create a new Account only with the Service Provider’s consent
and after all circumstances giving rise to the deletion have ceased.
9. Deletion of the Account in any manner results in the deletion of all data assigned to the Account, without
prejudice to the Service Provider’s ability to continue storing the Service Recipient’s personal data for the
period necessary to fulfil other processing purposes, other than maintaining the Account, in accordance
with the BlueNationWork privacy policy.
7) CANDIDATE AND EMPLOYER PROFILES AND PRIVACY SETTINGS
1. A Candidate or Employer Profile is created automatically when the relevant Account is created in the
Application.
2. For the Profile to become available to other persons using the Application, the Service Recipient must
complete the Profile data indicated as mandatory in the Account. Once that requirement has been met
and the Profile has been saved correctly, the Profile becomes active and its visibility to other persons
depends on the privacy settings selected by the Service Recipient.
3. The Candidate may independently select one of the following Profile visibility levels:
a. Private Profile – the Profile is visible only to the Candidate; no other Service Recipient or third party
has access to the Profile.
b. Profile visible to registered Employers – the Profile is available only to logged-in Employers holding an
active Employer Account in the Application; this is the default setting where the Candidate has made
no other selection.
c. Public Profile – the Profile is available to any person holding a unique link (URL) to the Profile,
without the need to log in to the Application; selecting this setting constitutes the Candidate’s
informed consent to the public disclosure of the data contained in the Profile.
4. The Candidate may change the privacy settings at any time through the Account settings. A change to the
privacy setting results in an immediate change to the availability of the Profile.
5. An Employer with access to a Candidate’s Profile may share a link to that Profile with other persons. The
consequences of such sharing depend on the Candidate’s privacy settings: if the Candidate has selected a
Public Profile, the link will work for any person; if the Candidate has selected visibility only to registered
Employers, access to the Profile through the link will require login. By selecting the relevant privacy
setting, the Candidate consents to the scope of availability described above.
6. The Profile must be maintained reliably and in accordance with the facts. The Service Recipient must
ensure that content published in the Profile, including photographs, audio and/or video materials,
complies with generally applicable law and reflects the Service Recipient’s genuine intentions.
7. The Service Recipient voluntarily determines the scope of the data disclosed within the Profile, provided
that it is prohibited to publish any content that could mislead the Service Provider, other Service
Recipients or third parties. Information about the Service Recipient shared through the Profile must
correspond to the subject matter and intended purpose of the Application and must not be fictitious or
false. Data made available in the Profile must reflect the genuine intention of the Service Recipient
maintaining that Profile.
8) JOB OFFERS
1. The Application enables Employers to add Job Offers, which then become visible to Service Recipients in
accordance with the Application’s visibility settings. Job Offers may have the following statuses: (a) Draft –
an offer saved as a draft and not visible to Candidates; (b) Active – an offer that has been published and is
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visible to Candidates; and (c) Inactive (Expired) – an offer whose validity period has expired or which has
been archived by the Employer.
2. A Job Offer may be added using the interactive form available in the Application after logging in to an
Employer Account. The form requires the information indicated as mandatory, in particular information
describing the subject matter and requirements of the Job Offer. The Employer may also attach
photographs and other visual and video materials. Once the form has been completed with all information
and approved, the Job Offer is posted in the Application.
3. A Job Offer remains visible in the Application as Active until: (a) the expiry date selected by the Employer
(the maximum duration of a Job Offer is six months); (b) it is archived or deleted by the Employer; or (c) it
is deleted by the Service Provider in the manner and on the grounds specified in these Terms and
Conditions.
4. The Employer may edit the content of the Job Offer throughout the period during which it is visible in the
Application, using the relevant options available in the Account settings.
5. A Job Offer must correspond to the subject matter and intended purpose of the Application. An Employer
posting a Job Offer must provide information that is factually accurate, clear, comprehensible, reliable and
not misleading. Posting a Job Offer must not infringe generally applicable law or the rights of third parties.
In particular, Job Offers may not contain any discriminatory criteria that breach employment law or rules
on equal treatment in employment.
6. It is prohibited to post, at the same time, more than one Job Offer with the same content or concerning
the same position as another active Job Offer of that Employer. Employers are also prohibited from posting
duplicates of Job Offers posted by other Employers.
7. The Employer must hold all authorisations required by law to conduct its business activity and recruit for
the offered positions, including all permits, licences or other individual administrative acts.
8. The Service Provider does not guarantee that Employers will receive interest in their Job Offers. The
Application only provides tools intended to facilitate reaching Candidates seeking employment; however,
the Service Provider gives no express or implied assurance that the Application will be useful in finding
persons interested in the employment conditions offered by the Employer or that such persons will meet
all of the Employer’s recruitment requirements.
9) RATINGS AND EVALUATIONS SYSTEM
1. The Application enables Service Recipients, both Candidates and Employers, to provide mutual Ratings and
Evaluations during or after the recruitment process. Candidates may also rate specific Job Offers posted by
Employers. The purpose of the Ratings and Evaluations system is to enable Service Recipients to make
more informed recruitment decisions and to promote the reliability and transparency of the platform.
2. The Ratings and Evaluations system may be used by completing the interactive form available in the
Application next to the relevant Service Recipient’s Profile or Job Offer. When adding a rating, the Service
Recipient may select a graphical rating on a five-point scale, where 1 is the lowest and 5 the highest rating,
and may add a written comment. The average of all ratings is displayed next to the Service Recipient’s
Profile or the Job Offer.
3. Ratings and Evaluations contain the opinions of Service Recipients and do not represent the opinion of the
Service Provider. The Service Provider does not verify whether ratings and evaluations relate to actual
experience with a given Candidate, Employer or Job Offer; accordingly, ratings may be submitted both by
persons with actual experience of the parties and by other Service Recipients. The Service Provider does
not post, or commission another person to post, false ratings or recommendations, does not distort
ratings in order to promote selected Service Recipients, and does not post sponsored ratings.
4. A Service Recipient using the Ratings and Evaluations system must provide only reliable and truthful
information. Service Recipients may not post false or fictitious ratings, offensive ratings or ratings that are
inconsistent with the facts. The Ratings and Evaluations system may not be used for unlawful activities, in
particular acts of unfair competition or activities infringing personal rights, intellectual property rights or
other rights of other Service Recipients or third parties.
5. The Service Provider makes all ratings and evaluations available, both positive and negative, except for
ratings that breach the Terms and Conditions or generally applicable law. A Service Recipient who has
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received a rating or evaluation may respond to it once by adding a comment displayed next to that rating
or evaluation.
6. A Service Recipient who considers that a rating or evaluation issued to them is unlawful, infringes their
personal rights or is contrary to the Terms and Conditions may report it to the Service Provider in
accordance with Section 16 of the Terms and Conditions. Any comments, appeals or objections concerning
the content of ratings and evaluations may be submitted under a procedure analogous to the complaints
procedure set out in Section 19 of the Terms and Conditions.
7. Published ratings and evaluations remain visible in the Application while the rated Service Recipient’s
Account is active and may be removed by the Service Provider only if they are found to be unlawful or
contrary to the Terms and Conditions, or upon a justified request from the person who added them or
from a third party. After deletion of the rated Service Recipient’s Account, ratings concerning that Service
Recipient may be retained in anonymised form for statistical purposes, but for no longer than three (3)
years.
10) RANKINGS AND POPULARITY STATUS SYSTEM
1. The Application uses a rankings and popularity status system for Service Recipients based on an algorithm
that takes into account activity in the Application, the number and quality of Ratings and Evaluations,
Profile completeness, the history of Job Offers viewed and added to Favourites, geolocation data provided
by the Service Recipient, and other parameters relating to the use of the Application. The Service Recipient
is informed in the Application of the ranking criteria used.
2. Popularity statuses are expressed as levels (for example “Fresh” and subsequent levels in accordance with
the terminology described in detail in the Application interface), which are assigned automatically to
Service Recipients by the Application algorithm on the basis of the criteria described in the Application.
3. The ranking system may affect the visibility of a Candidate Profile or an Employer’s Job Offer in the
Application’s search results (ranking). The Application may rank Profiles and Job Offers by assigning certain
Profiles or Offers a higher position in search results. The Service Provider identifies the principal
parameters determining ranking as follows: (a) the activity and completeness of the Service Recipient’s
Profile; (b) the number and quality of Ratings and Evaluations received; (c) the date on which a Job Offer
or Profile was posted; (d) the appropriate match of categories and content; and (e) the Employer’s use of
paid functionalities – Employer Profiles or Job Offers benefiting from paid promotion are appropriately
marked to indicate their paid nature.
4. The Service Recipient has the right to object to the application of the ranking algorithm to their Profile in
the manner provided for in the Application’s privacy policy. Where an objection is effective, the Service
Recipient’s Profile may be excluded from the ranking system, which may result in it not being visible in
ranking results.
5. The Service Provider reserves the right to change the criteria and parameters of the ranking system and
shall notify Service Recipients thereof with appropriate advance notice. The provisions governing
amendments to the Application Terms and Conditions shall apply accordingly.
11) GENERATION OF A CV BY A CANDIDATE
1. The Application enables Candidates to generate a CV document on the basis of data contained in their
Profile or entered directly by the Candidate during the document-generation session.
2. The CV-generation function is a tool intended solely for the Candidate. The generated CV document is
available for download only by the Candidate and is not automatically shared with Employers or other
Service Recipients through the Application. The Candidate independently decides with whom and in what
manner to share the generated CV.
3. The Service Provider does not store the generated CV as a separate document beyond the Candidate’s
Profile data. Data processing for the purposes of CV generation takes place in accordance with the
Application’s privacy policy, solely within the document-generation session, and does not create separate
data sets stored by the Service Provider for longer than is necessary to make the completed CV available to
the Candidate.
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12) COMMUNICATION BETWEEN EMPLOYERS AND CANDIDATES
1. In case of doubt, all actions undertaken by Service Recipients through the Application, including posting
Job Offers and maintaining a Profile, shall be deemed solely an invitation to establish contact and
cooperate in accordance with the subject matter and intended purpose of BlueNationWork.
2. Service Recipients may communicate with one another regarding potential cooperation using the
application-submission and private-message functionalities:
a. A Candidate may express interest in cooperating with a particular Employer in relation to its Job Offer
by submitting an application directly in response to that Job Offer.
b. An Employer may express interest in cooperating with a particular Candidate by sending a
recruitment invitation visible on the Candidate’s Profile page.
3. Once both parties have mutually confirmed their initial interest in cooperation, the Service Recipients may
communicate further using private messages and the Application messenger.
4. Communication by means of the messenger and private messages takes place between two Service
Recipients at a time. A Service Recipient may hold conversations with multiple other Service Recipients,
but each conversation takes place in a separate thread. Through the Account, the Service Recipient may
view the history of both current and previous conversations.
5. Service Recipients may block other Service Recipients. A Service Recipient holding a Candidate Account
may block selected Employers, while a Service Recipient holding an Employer Account may block selected
Candidates. Blocking a Service Recipient prevents further communication between those Service
Recipients through the Application. A block may be activated or removed at any time and without stating a
reason.
6. When using the Application’s chat and private messages, Service Recipients may send one another
documents, including copies of identity documents, CVs, work permits and other documents connected
with the recruitment process. Use of the messenger for this purpose is voluntary. A Service Recipient
sending documents to other Service Recipients through the Application messenger should be aware that
the Service Provider stores the content of those messages for the period specified in the Application’s
privacy policy. The Candidate has the right at any time to request deletion of documents sent through the
messenger in the manner specified in the privacy policy.
7. A Service Recipient using the means of communication available in the Application should ensure that
their statements are clear and not misleading to the recipient and should treat other persons with respect.
8. A Service Recipient is strictly prohibited from using the means of communication made available in the
Application in a manner that may constitute prohibited or punishable conduct or that is in any way
burdensome to other Service Recipients. In particular, it is prohibited to send statements infringing the
personal rights of other Service Recipients, unsolicited commercial communications (spam), to harass or
disturb other Service Recipients, fraudulently obtain data, or transmit unlawful or offensive content,
content inciting hatred, racism or xenophobia, or other content contrary to generally accepted rules of
netiquette and accepted standards of conduct.
9. It is prohibited to use the means of communication available in the Application to transmit content
intended to cause harm to other Service Recipients, in particular malicious software such as “viruses”,
“worms” or “Trojan horses”, or to make available data containing or enabling access to unlawful warez or
pornographic content.
10. Service Recipients must process data obtained through the Application from other Service Recipients,
including through private messages, in accordance with generally applicable law, exercise due care to
protect personal data received from other persons, and refrain from using the data obtained for purposes
other than those falling within the scope of the consent granted to them or necessary for the proper
performance of their obligations towards other Service Recipients. Where Employers enter into any
agreements or conduct recruitment processes on the basis of Candidates’ personal data obtained through
BlueNationWork, they become controllers of those personal data independently of the Service Provider
and must independently comply with the resulting legal obligations, including information duties towards
data subjects.
13) PROVISION OF CONTENT BY SERVICE RECIPIENTS
Page 10 z 22
1. One of the fundamental features of the Application is that Service Recipients may provide their own
content, including all data and information stored through the Application solely for their own use or with
the intention of making it available to a selected Service Recipient or to all Service Recipients (for example
data made available in an Employer/Candidate Profile, Job Offers, Ratings and Evaluations, and documents
sent through chat). The content referred to in this Section includes, in particular, all text, photographs and
other visual, audio or video materials and documents that may be made available, entered, sent,
disseminated or transmitted using the relevant tools supplied in the Application.
2. The Service Recipient bears full responsibility for all content transmitted, stored, made available,
disseminated and published by them within the Application.
3. All statements, Ratings, Evaluations, opinions and comments posted by Service Recipients in the
Application contain their own opinions and do not represent the opinion of the Service Provider.
4. Content supplied by Service Recipients may not contain vulgar, offensive, hateful, racist or xenophobic
material, or advertising, announcements or commercial information encouraging the use of services that
compete with BlueNationWork.
5. When posting or sending any content within the Application, the Service Recipient must hold all rights and
permissions required to post that content, in particular copyright or the required licences, authorisations
and consents for its use, dissemination, sharing and publication, especially the right to publish and
disseminate it on the Internet and in an online system and, where the content includes the image of third
parties, the right to use and disseminate that image. If a third party asserts claims against the Service
Provider in connection with infringement of its rights as a result of content posted in the Application by a
Service Recipient, the Service Recipient responsible for posting that content must cooperate with the
Service Provider in clarifying the matter and, where necessary, indemnify and hold the Service Provider
harmless from all liability for infringements committed by the Service Recipient, including by satisfying the
claims of the above-mentioned third parties.
6. Upon a Service Recipient posting in the Application any content in which that Service Recipient holds
copyright or other permissions required by law, the Service Provider is granted a royalty-free,
non-exclusive, assignable and transferable licence to use the content received, including the right to
exercise economic copyright, without territorial or time limitation, but for no less than the period during
which that Service Recipient uses the Electronic Services, in the following fields of exploitation: (1)
permanent or temporary dissemination, display, playback and storage of the content by digital means,
including through mobile devices and the Internet, to the extent necessary for the proper supply of
Electronic Services to all Application Service Recipients, according to the type of content and the purpose
for which it was posted by the Service Recipient, as well as for the promotion and advertising of the
Application through the Service Provider’s profiles and discussion groups, pages and fan pages connected
with BlueNationWork on social media; (2) permanent or temporary reproduction of the content, in whole
or in part, by digital means, to the extent reproduction is necessary for its dissemination, display, playback
and storage for the purposes set out above; and (3) making the content available to the public through the
Application and through the Service Provider’s profiles, discussion groups, pages and fan pages connected
with BlueNationWork on social media in such a way that anyone may access it at a place and time of their
choosing. The Service Recipient undertakes not to exercise moral rights in the supplied content against the
Service Provider and authorises the Service Provider to create adaptations of that content (derivative
rights) and use them in the fields of exploitation listed above without identifying the authorship of that
Service Recipient, including their name, logo or business name.
14) RULES OF ACCESS TO THE APPLICATION (LICENCE TO USE)
1. The BlueNationWork Application and all its elements, including source code, graphics, user interface,
content supplied by the Service Provider, databases and algorithms, are protected by copyright and other
intellectual property rights belonging to the Service Provider or other entitled entities. The Application is
protected under the Copyright Act, intellectual property law and other applicable mandatory provisions of
law.
2. The Service Recipient does not acquire ownership of any copyright in the Application or in the elements of
the Application supplied by the Service Provider. Upon conclusion of the agreement for the use of the
Page 11 z 22
Account, the Service Provider grants the Service Recipient a non-exclusive, non-assignable,
non-transferable and non-sublicensable licence, including no right to authorise other persons to use the
Application within the scope of the licence, to use the Application by displaying and using it digitally,
including through the Internet, to the extent necessary to use the Electronic Services in accordance with
the Terms and Conditions. The licence is granted for the duration of the agreement for the use of the
Account.
3. All rights not expressly granted to the Service Recipient above are reserved by the Service Provider. In
particular, the Service Recipient is prohibited from: (a) copying or reproducing the Application or any of its
elements; (b) modifying, adapting, translating, decoding, decompiling, disassembling or otherwise
attempting to interfere with the Application or circumvent safeguards protecting access to its content,
including attempting to determine the Application’s source code, except where permitted by mandatory
law; (c) distributing, placing on the market or making the Application or its elements publicly available in
any form without the Service Provider’s prior written consent; or (d) using the Application to create
solutions, platforms or products that compete with BlueNationWork.
4. Use of the mobile version of the Application requires it first to be downloaded and installed on the Service
Recipient’s device. When downloading the Application from the App Store or Google Play, the Service
Recipient must comply with the terms of use of those platforms. The Application may be removed from
the device at any time; however, removal does not delete the Service Recipient’s Account from the Service
Provider’s systems. A separate request to delete the Account is required for that purpose.
15) PAYMENT TERMS IN BLUENATIONWORK
1. The Application may provide paid access to selected services, including Electronic Services, and the Service
Recipient shall be informed of this no later than when they express the intention to use the relevant
service through the Application. This Section 15 and all its provisions set out the default payment terms
where the Service Provider offers such paid services in BlueNationWork.
2. Detailed information on paid services, including their description, prices and scope, is provided in the Price
List available on the Application pages.
3. The price or remuneration for paid services displayed on the Application page is stated in Polish zloty and
includes taxes. The Service Recipient is informed on the Application pages, including when expressing the
intention to be bound by an agreement for the relevant service, of the total price or remuneration
including taxes and of any other costs or, where the amount of such charges cannot be determined, of the
obligation to pay them. In the case of an agreement concluded for an indefinite period or involving a
subscription, the Service Provider shall state in the same manner the total price comprising all payments
for the billing period and, where the agreement provides for a fixed rate, also the total monthly payments
under that agreement.
4. Any changes to the Price List introduced by the Service Provider shall not affect rights already acquired by
Service Recipients and, in particular, shall not affect services that have already been purchased, are being
performed or have been completed.
5. Payments in the Application are processed by external payment service providers. The Service Provider
makes the following payment methods available in the Application: electronic payments and payment-card
payments through entities processing payments in the Application on the Service Provider’s behalf. The
currently available payment methods are specified in the Application when purchasing a service. After
being redirected to the payment gateway, the Service Recipient should promptly provide the data required
for settlement and make payment; otherwise, the payment session may expire and the transaction may
not be completed.
6. Paid Electronic Services shall be supplied or activated for the Service Recipient promptly, but no later than
within 48 hours of the relevant amount being credited to the Service Provider’s bank or settlement
account.
7. Deletion of the Account or any other resignation from paid services after they have been activated does
not entitle the Service Recipient to a refund of the payment made, provided that this does not exclude or
limit any statutory rights of Service Recipients who are Consumers, in particular the right to withdraw from
a distance contract or to complain about improper performance.
Page 12 z 22
8. The content of an agreement for paid services in the Application is recorded, secured and made available to
the Service Recipient by: (1) making these Terms and Conditions available on the Application website;
(2) sending the Service Recipient an email confirming the purchase after payment has been completed;
and (3) recording the purchase in the payment history accessible through the Service Recipient’s Account.
9. The Application may display third-party advertising and sponsored content to Service Recipients within the
Job Offer feed or elsewhere in the Application. Advertising content is clearly marked as advertising or
sponsored content.
16) ILLEGAL CONTENT AND OTHER CONTENT CONTRARY TO THE TERMS
AND CONDITIONS
10. This Section contains provisions arising from the Digital Services Act insofar as they concern the
Application and the Service Provider. As a rule, the Service Recipient is not required to provide content
when using the Application unless the Terms and Conditions require specified data to be provided, for
example data necessary to make a Profile public or to post a Job Offer. The Service Recipient may be able to
provide data such as Ratings and Evaluations or private messages between Service Recipients using tools
made available by the Service Provider for that purpose. Whenever the Service Recipient provides
content, they must comply with the rules set out in the Terms and Conditions.
11. POINT OF CONTACT – the Service Provider designates the email address info@bluenationwork.com as its
single point of contact. The point of contact enables direct communication between the Service Provider
and Member State authorities, the European Commission and the European Board for Digital Services
and, at the same time, enables Service Recipients to communicate directly, quickly and conveniently with
the Service Provider by electronic means for the purposes of the Digital Services Act. The Service
Provider designates Polish and English as the languages for communication with its point of contact.
12. Procedure for reporting Illegal Content and action pursuant to Article 16 of the Digital Services Act:
a. Any person or entity may report to the Service Provider, at info@bluenationwork.com, the
presence of specific information that the person or entity considers to constitute Illegal Content.
b. A report should be sufficiently precise and adequately substantiated. For this purpose, the Service
Provider enables and facilitates reports to the email address stated above containing all of the
following elements: (1) a sufficiently substantiated explanation of the reasons why the person or
entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the
exact electronic location of the information, such as the exact URL or URLs and, where appropriate,
additional information enabling the Illegal Content to be identified, having regard to the type of
content and the specific type of service; (3) the name and email address of the reporting person or
entity, except in the case of a report concerning information considered to relate to one of the
offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the
good-faith belief of the reporting person or entity that the information and allegations contained in
the report are accurate and complete.
c. A report referred to above shall be deemed to give rise to actual knowledge or awareness for the
purposes of Article 6 of the Digital Services Act in respect of the information concerned where it
enables a diligent Service Provider to identify, without a detailed legal examination, the illegal nature of
the relevant activity or information.
d. Where the report contains the electronic contact details of the person or entity making it, the Service
Provider shall, without undue delay, send that person or entity an acknowledgement of receipt. The
Service Provider shall also, without undue delay, notify that person or entity of its decision regarding
the information to which the report relates and provide information on the available means of
appealing the decision.
e. The Service Provider processes all reports received through the mechanism referred to above and
takes decisions concerning the reported information in a timely, non-arbitrary and objective manner
and with due diligence. Where the Service Provider uses automated means for the purpose of such
processing or decision-making, it shall include information to that effect in the notification referred to
in the preceding paragraph.
Page 13 z 22
4. Information on restrictions imposed by the Service Provider in connection with use of the Application in
relation to information provided by a Service Recipient:
a. Independently of and in addition to the other terms and rules governing use of the Application and
the provision of content set out in the preceding provisions of the Terms and Conditions, the Service
Provider reserves the right to moderate content provided to the Application by Service Recipients.
Moderation is carried out in good faith and with due diligence, either on the Service Provider’s own
initiative or following receipt of a report, in order to detect, identify and remove Illegal Content or
other content contrary to the Terms and Conditions, disable access to it, or take the measures
necessary to comply with European Union law and national law consistent with European Union law,
including the requirements of the Digital Services Act, or with the Terms and Conditions.
b. The moderation process may be performed manually by a person or may rely on automated or
partially automated tools assisting the Service Provider in identifying Illegal Content or other content
contrary to the Terms and Conditions. Once such content has been identified, the Service Provider
shall decide whether to remove it, disable access to it, otherwise restrict its visibility, or take other
action it considers necessary, for example contacting the Service Recipient to clarify concerns and
amend the content. The Service Provider shall clearly and comprehensibly inform the Service
Recipient who provided the content, where it has their contact details, of its decision, the reasons for
it and the available means of appeal.
c. When exercising its rights and performing its obligations under the Digital Services Act, the Service
Provider must act with due diligence, objectively and proportionately, and with due regard for the
rights and legitimate interests of all parties involved, including recipients of the service, in particular
the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of
expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
d. Any comments, complaints, claims, appeals or objections concerning a decision or other action or
failure to act by the Service Provider on the basis of a report received, or concerning a decision taken
by the Service Provider under these Terms and Conditions, may be submitted under a procedure
analogous to the complaints procedure set out in Section 19. Use of this procedure is free of charge
and allows complaints to be submitted electronically to the stated email address. Use of the
complaint submission and handling procedure is without prejudice to the right of the relevant person
or entity to institute court proceedings and does not affect any of their other rights.
e. The Service Provider considers any comments, complaints, claims, appeals or objections concerning
its decisions, other actions or failure to act on the basis of a report received or decision taken in a
timely, non-discriminatory, objective and non-arbitrary manner. Where a complaint or other
submission contains sufficient grounds for the Service Provider to conclude that its decision not to
act in response to a report is unjustified, that the information concerned is not illegal or contrary to
the Terms and Conditions, or that the complainant’s conduct does not justify the measure taken, the
Service Provider shall, without undue delay, revoke or amend its decision concerning the possible
removal of or disabling access to the content, otherwise restricting its visibility, or shall take other
action it considers necessary.
f. Service Recipients or other persons or entities that reported Illegal Content and to whom the Service
Provider’s decisions concerning Illegal Content or content contrary to the Terms and Conditions are
addressed have the right to select any out-of-court dispute settlement body certified by the Digital
Services Coordinator of a Member State in order to resolve disputes concerning those decisions,
including complaints that have not been resolved through the Service Provider’s internal
complaint-handling system.
17) RESTRICTION, SUSPENSION AND TERMINATION OF SERVICES BY THE
SERVICE PROVIDER
1. The Service Recipient may cease using BlueNationWork and individual Electronic Services at any time and
without stating a reason, in accordance with the conditions governing their use set out in these Terms and
Conditions. Resignation from paid services before the end of their term does not entitle the Service
Recipient to a refund of payments made, where paid services are offered, provided that this reservation
Page 14 z 22
does not exclude or limit any statutory rights of a Service Recipient who is a Consumer, in particular the
right to withdraw from a distance contract or to complain about improper performance.
2. In addition to and without prejudice to Section 16 of the Terms and Conditions, which sets out the rules
for dealing with Illegal Content or other content contrary to the Terms and Conditions, the Service
Provider reserves the right to restrict, suspend and, ultimately, terminate the supply of its Electronic
Services to a particular Service Recipient. In the case of Employers, this may also apply to individual Job
Offers posted by them in BlueNationWork. The Service Provider shall take the above measures only where
and to the extent necessary, subject to the following conditions:
3. The grounds for restricting, suspending and, ultimately, terminating the supply of Electronic Services to a
particular Service Recipient are:
a. failure by the Service Recipient to pay amounts due and payable to the Service Provider;
b. the Service Recipient providing incomplete, where mandatory, or false contact details in the
Application, such as a name, company name or address;
c. the maintenance of a Profile, posting of a Job Offer, including its subject matter and description, or
statements by the Service Recipient that infringe generally applicable law, accepted standards of
conduct, principles of social coexistence or third-party rights;
d. the maintenance of a Profile or posting of a Job Offer by the Service Recipient in breach of the Terms
and Conditions;
e. sending spam messages to other Service Recipients, including through the messenger or private
messages, including advertising or commercial information encouraging the use of services
competing with the Application;
f. posting Job Offers for a purpose other than that arising from their content and subject matter;
g. using the services in a manner inconsistent with the subject matter and intended purpose of the
Application;
h. breaching the licence terms for use of the Application set out in Section 14 of the Terms and
Conditions;
i. conduct by the Service Recipient threatening unlawful damage to the reputation of the Service
Provider or its Application;
j. conduct by the Service Recipient threatening the security of the ICT system of the Application, the
Service Provider or other Service Recipients;
k. failure by the Service Recipient to cooperate with the Service Provider in verification conducted
under Section 22.3 of the Terms and Conditions, in particular by failing or refusing to provide
additional explanations or documents enabling the verification to be carried out;
l. a legal or regulatory obligation requiring the Service Provider to terminate the supply of all its
Electronic Services to the relevant Service Recipient;
m. the Service Provider exercising a right to terminate the supply of services for an overriding reason
arising from national law consistent with European Union law;
n. repeated breach of the Terms and Conditions by the Service Recipient.
4. Restriction of Electronic Services means measures intended to limit access to individual services supplied
by the Service Provider. A restriction may consist, for example, of limiting access to selected Application
functionalities and resources, in particular those available after logging in to an Account, such as private
messaging, submitting applications or posting Ratings and Evaluations, lowering the position of a Job Offer
or Profile in the Application, or completely disabling the visibility of a Profile or Job Offer on the
Application pages.
5. Suspension of Electronic Services means measures intended to deprive the Service Recipient of access to
all services supplied by the Service Provider. Suspension consists of fully suspending the ability to use the
Application’s functionalities and resources, in particular those available after logging in to the Account.
During an Account suspension, it is not possible to log in to the Account or use any of its functionalities or
resources. Suspension of an Account may also result in the visibility of the Profile and Job Offers linked to
that Account being disabled.
6. Electronic Services may be restricted or suspended for a fixed period specified by the Service Provider or
for an indefinite period, until the reason for the restriction or suspension has ceased. During a restriction
or suspension, the Service Recipient must take measures to remove the reason underlying the decision
Page 15 z 22
and, once it has been removed, promptly notify the Service Provider. The Service Provider shall lift
imposed restrictions or suspensions promptly after the period for which they were imposed has expired
or, in the case of an indefinite decision, promptly after confirming that the reason for their imposition has
ceased.
7. The Service Provider shall choose the manner and scope of restricting, suspending or terminating
Electronic Services for a particular Service Recipient in a reasonable, necessary and proportionate manner,
having regard to the nature and extent of the grounds for the decision and its consequences for the
Service Recipient. Before taking a decision, the Service Provider shall, where possible, issue a warning
calling on the Service Recipient to cease the infringement. Only where the warning would be ineffective,
impossible or pointless due to the serious and manifest nature of the infringement may the Service
Provider take the relevant decision immediately. The Service Provider shall first seek to impose a
restriction and subsequently suspend Electronic Services if a restriction alone proves insufficient or would
be pointless.
8. Where the Service Provider decides to restrict or suspend Electronic Services for a particular Service
Recipient, it shall provide that Service Recipient, before the decision becomes effective or at the time it
becomes effective, with reasons for the decision by email.
9. Termination of Electronic Services is treated as the final termination of the agreement with the Service
Recipient for the use of BlueNationWork services and may take place solely on the grounds specified in
Section 17.3(l)–(n) of the Terms and Conditions. Termination of Electronic Services results in the
irreversible deletion of the Service Recipient’s Account and the data assigned to it, including the Profile
and Job Offers posted from it.
10. Where the Service Provider decides to terminate the supply of all its Electronic Services to a particular
Service Recipient, it shall provide that Service Recipient, at least 30 days before the date on which the
termination becomes effective, with reasons for the decision by email. The notice period referred to in the
preceding sentence shall not apply where the Service Provider:
a. is subject to a legal or regulatory obligation requiring it to terminate the supply of all its Electronic
Services to the relevant Service Recipient in a manner that prevents it from observing that notice
period;
b. exercises a right to terminate the supply of services for an overriding reason arising from national law
consistent with European Union law;
c. can demonstrate that the relevant Service Recipient has repeatedly breached the Terms and
Conditions, resulting in termination of all the relevant Electronic Services.
11. In the above cases, where the notice period does not apply, the Service Provider shall, without undue
delay, provide the relevant Service Recipient with reasons for the decision by email.
12. The statement of reasons for the Service Provider’s decision to restrict, suspend or terminate Electronic
Services must refer to the specific facts or circumstances, including the content of notices received from
third parties, that led the Service Provider to take the decision, and to the applicable grounds for that
decision referred to in this Section of the Terms and Conditions. The Service Provider is not required to
provide: (1) reasons where it is subject to a legal or regulatory obligation not to disclose specific facts or
circumstances; or (2) a reference to the applicable ground or grounds where it can demonstrate that the
relevant Service Recipient has repeatedly breached the Terms and Conditions, resulting in termination of
all the relevant Electronic Services.
13. Where Electronic Services are restricted, suspended or terminated, the Service Provider shall give the
affected Service Recipient an opportunity, within the complaints procedure referred to in Section 19, to
explain the facts and circumstances underlying the measure. Where the Service Provider revokes a
decision to restrict, suspend or terminate Electronic Services, it shall, without undue delay, restore the
Service Recipient’s access to those services, including access to personal data or other data resulting from
the Service Recipient’s use of the Electronic Services before the decision became effective.
14. Termination of Electronic Services supplied to a Service Recipient in any manner is without prejudice to
the possibility of storing the Service Recipient’s data for the period necessary to fulfil other processing
purposes, other than use of the Electronic Services, in accordance with the Application’s privacy policy.
18) CONTACT WITH BLUENATIONWORK
Page 16 z 22
1. The principal means of ongoing remote communication with the Service Provider are email
(info@bluenationwork.com) and the contact form available in the Application, through which
information concerning the use of BlueNationWork may be exchanged with the Service Provider.
Service Recipients may also contact the Service Provider by any other legally permissible means using
the contact details stated at the
beginning of the Terms and Conditions.
19) COMPLAINTS PROCEDURE
2. This Section 19 sets out a single complaints procedure applicable to all complaints submitted to the
Service Provider, in particular complaints concerning BlueNationWork Electronic Services and other
complaints connected with the operation of the Service Provider and its Application.
3. Additional information concerning the Service Provider’s statutory liability is set out below:
4. The basis and extent of the Service Provider’s liability towards a Service Recipient where an Electronic
Service is supplied in a manner inconsistent with the agreement are determined by generally applicable
law, in particular the Civil Code, the Consumer Rights Act and the Act of 18 July 2002 on the Provision of
Electronic Services (Journal of Laws 2002 No. 144, item 1204, as amended).
a. In the case of a complaint concerning digital content or digital services acquired by a Service
Recipient who is a Consumer under an agreement concluded with the Service Provider on or after 1
January 2023, or before that date where the digital content or service was to be supplied or was
supplied after that date, the provisions of the Consumer Rights Act in force from 1 January 2023 shall
apply, in particular Articles 43h–43q of that Act. Those provisions specify, in particular, the basis and
extent of the Service Provider’s liability towards Consumers where digital content or a digital service
does not conform to the agreement concluded.
b. In the case of Service Recipients who are not Consumers, the additional contractual provisions
concerning the Service Provider’s liability set out in Section 22 of the Terms and Conditions shall
apply.
5. Complaints concerning the operation of the Application, including its Electronic Services, may be
submitted, for example, by email to info@bluenationwork.com or in writing to ul. Piwna 8A, 44-100
Gliwice.
6. The Service Provider recommends that a complaint include: (1) information and circumstances concerning
the subject matter of the complaint, in particular the nature and date of the irregularity; (2) the Service
Recipient’s expectations; and (3) the complainant’s contact details, which will facilitate and expedite the
Service Provider’s consideration of the complaint. The requirements in the preceding sentence are
recommendations only and do not affect the effectiveness of a complaint submitted without the
recommended description.
7. If the complainant’s contact details change while the complaint is being considered, the complainant must
notify the Service Provider.
8. The complainant may attach evidence connected with the subject matter of the complaint, such as
photographs, documents or screenshots. The Service Provider may also ask the complainant to provide
additional information or evidence, such as a photograph, where this will facilitate and expedite the
consideration of the complaint.
9. The Service Provider shall respond to the complaint promptly, and no later than within 14 calendar days of
receiving it.
20) STATUTORY RIGHT OF WITHDRAWAL
10. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without
stating a reason and without incurring costs, subject to the cases specified in Section 20.4 and the costs
specified in Section 20.5 of the Terms and Conditions.
11. The period for withdrawal from an agreement concerning the supply of services, including Electronic
Services, begins on the date on which the agreement is concluded.
12. To comply with the withdrawal period, it is sufficient to send the withdrawal statement before the period
expires. A statement of withdrawal may be submitted, for example, electronically by email
to info@bluenationwork.com or in writing to ul. Piwna 8A, 44-100 Gliwice. The Consumer may use
the model
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withdrawal form constituting Annex 2 to the Consumer Rights Act and additionally attached to these
Terms and Conditions, but is not required to do so.
4. The Consumer has no right to withdraw from a distance contract, inter alia, in relation to: (1) a service for
which the Consumer is required to pay a price where the Service Provider has fully performed the service
with the Consumer’s express prior consent and the Consumer was informed before performance began
that, once the Service Provider had fully performed the service, the Consumer would lose the right of
withdrawal and acknowledged this; and (2) the supply of digital content not supplied on a tangible
medium for which the Consumer is required to pay a price where the Service Provider began performance
with the Consumer’s express prior consent and the Consumer was informed before performance began
that, once the Service Provider had fully performed the service, the Consumer would lose the right of
withdrawal and acknowledged this, and the Service Provider provided the Consumer with the
confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.
5. For agreements to which none of the exclusions specified in Section 20.4 above applies, the following
consequences and costs associated with the Consumer’s exercise of the right of withdrawal shall apply:
a. The Service Provider must promptly, and no later than within 14 calendar days of receiving the
Consumer’s statement of withdrawal, reimburse all payments received from the Consumer, subject
to the costs of services referred to in Section 20.5(b) below. The Service Provider shall make the
reimbursement using the same means of payment as the Consumer used, unless the Consumer has
expressly agreed to another means of reimbursement that does not entail any costs for the
Consumer.
b. Where performance of a service began, at the Consumer’s express request, before expiry of the
withdrawal period, a Consumer who exercises the right of withdrawal after making such a request
must pay for the services supplied up to the time of withdrawal. The amount payable shall be
calculated in proportion to the extent of performance, taking into account the price or remuneration
agreed in the contract. Where the price or remuneration is excessive, the amount shall be calculated
on the basis of the market value of the performance supplied.
c. Where a Consumer withdraws from an agreement for digital content or a digital service, from the
date on which the Service Provider receives the withdrawal statement it may not use any content
other than personal data that was supplied or created by the Consumer while using the digital
content or digital service supplied by the Service Provider, except where the content: (1) is useful
only in connection with the digital content or digital service that was the subject of the agreement;
(2) relates solely to the Consumer’s activity while using the digital content or digital service supplied
by the Service Provider; (3) has been aggregated by the Service Provider with other data and cannot
be disaggregated, or can be disaggregated only with disproportionate effort; or (4) was created
jointly by the Consumer and other Consumers who are still able to use it. Except in the cases referred
to in points (1)–(3) above, the Service Provider shall, at the Consumer’s request, make available to
the Consumer content other than personal data that was supplied or created by the Consumer while
using the digital content or digital service supplied by the Service Provider. Upon withdrawal, the
Service Provider may prevent the Consumer from continuing to use the digital content or digital
service, in particular by preventing access to it through the BlueNationWork Account, without
prejudice to the Consumer’s rights referred to in the preceding sentence. The Consumer has the right
to retrieve digital content from the Service Provider free of charge, without hindrance from the
Service Provider, within a reasonable period and in a commonly used machine-readable format.
d. Where a Consumer withdraws from an agreement for digital content or a digital service supplied by
the Service Provider, the Consumer must cease using the digital content or digital service and must
not make it available to third parties.
21) OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES
OF ACCESS TO THOSE PROCEDURES
1. Methods of resolving disputes without court proceedings include: (1) enabling the parties to bring their
positions closer together, for example through mediation; (2) proposing a solution to the dispute, for
example through conciliation; and (3) determining the dispute and imposing a solution on the parties, for
Page 18 z 22
example through arbitration. Detailed information concerning Consumers’ ability to use out-of-court
complaint and redress procedures, the rules governing access to those procedures, and a user-friendly
search engine for entities dealing with amicable dispute resolution are available on the website of the
Office of Competition and Consumer Protection at https://polubowne.uokik.gov.pl/.
2. A contact point also operates under the President of the Office of Competition and Consumer Protection
and, among other things, provides Consumers with information concerning out-of-court resolution of
consumer disputes. The Consumer may contact the point: (1) by telephone at 22 55 60 332 or 22 55 60
333; (2) by email at kontakt.adr@uokik.gov.pl; or (3) in writing or in person at the Office’s headquarters at
plac Powstańców Warszawy 1, 00-030 Warsaw.
3. Examples of the Consumer’s available out-of-court complaint and redress procedures include: (1) applying
for a dispute to be determined by a permanent consumer arbitration court; (2) applying to the relevant
Provincial Inspector of the Trade Inspection for out-of-court dispute resolution; and (3) obtaining
assistance from a district or municipal consumer ombudsman or a social organisation whose statutory
tasks include consumer protection, including the Consumer Federation and the Association of Polish
Consumers. Advice is available, among other means, by email at porady@dlakonsumentow.pl and through
the consumer helpline at 801 440 220, open on business days from 8:00 to 18:00, with call charges
according to the caller’s operator tariff.
22) ADDITIONAL PROVISIONS (APPLICABLE TO ENTREPRENEURS)
2. This Section 22 and all provisions contained in it are not addressed to, and therefore do not bind, Service
Recipients who are Consumers, unless applying the following provisions to such persons is not prohibited.
3. The Service Provider has the right to withdraw from an agreement for the supply of Electronic Services
concluded with a Service Recipient within 14 calendar days of its conclusion. In such a case, withdrawal
may take place without stating a reason and shall not give rise to any claims by the Service Recipient
against the Service Provider.
4. The Service Provider may at any time take steps to verify the truthfulness, reliability and accuracy of
information provided by a Service Recipient, for example within an Account, Profile or Job Offer posted in
the Application. For verification purposes, the Service Provider may, among other things, require the
Service Recipient to provide scans of certificates, attestations or other documents necessary to carry out
the verification. In connection with the verification referred to in the preceding sentence, the Service
Provider may take appropriate action against the Service Recipient under a procedure analogous to
Section 17.2 et seq. of the Terms and Conditions.
5. Irrespective of the legal basis, the Service Provider’s liability towards a Service Recipient shall be limited to
the amount of fees paid for use of the Application during the preceding year and, in any event, shall not
exceed PLN 500.00 (five hundred zloty). The monetary limitation in the preceding sentence applies to all
claims made by a Service Recipient against the Service Provider, including where no agreement was
concluded or where the claims are unrelated to that agreement. The Service Provider shall be liable to the
Service Recipient only for ordinary loss actually incurred and foreseeable at the time the agreement for
the use of Electronic Services was concluded, excluding loss of profit.
6. The Service Provider shall not be liable to the Service Recipient for loss or failure to perform obligations
resulting from force majeure events, such as natural disasters, floods, fires, earthquakes, epidemics, civil
unrest, riots and wars, acts of executive or legislative authorities, or any other causes beyond the Service
Provider’s control.
7. Any disputes arising between the Service Provider and the Service Recipient shall be submitted to the
court having jurisdiction over the Service Provider’s registered office.
23) COPYRIGHT IN BLUENATIONWORK
1. Copyright and intellectual property rights in the Application as a whole and in its individual elements,
including content, graphics, works, designs and marks available within it, belong to the Service Provider or
other entitled third parties and are protected under the Copyright Act and other generally applicable law.
Protection of the Application extends to all forms of its expression.
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8. The Application must be treated in the same manner as any other work protected by copyright. The
Service Recipient may not copy the Application except where permitted by mandatory law. The Service
Recipient also undertakes not to modify, adapt, translate, decode, decompile, disassemble or otherwise
attempt to determine the Application’s source code, except where permitted by mandatory law.
9. The trade marks of the Service Provider and third parties must be used in accordance with applicable law.
24) TECHNICAL INTERRUPTIONS AND FAILURES
1. The Service Provider uses due care to ensure the proper and uninterrupted operation of the Application.
However, owing to the complexity and sophistication of the Application and its Electronic Services, as well
as external factors beyond the Service Provider’s control, such as distributed denial-of-service (DDoS)
attacks, errors and technical failures may occur that prevent or restrict the operation of the Application in
any manner. In such a case, the Service Provider shall take all possible and reasonable steps to minimise
the adverse effects of those events to the greatest extent possible.
10. The Service Provider shall promptly inform Service Recipients of any errors and technical failures referred
to above and of the expected time of their removal.
11. In addition to interruptions caused by errors and technical failures, other technical interruptions may
occur during which the Service Provider undertakes work to develop the Application and protect it against
errors and technical failures.
12. The Service Provider shall schedule technical interruptions so as to minimise inconvenience to Service
Recipients, in particular by scheduling them at times of reduced Application traffic, such as at night, and
only for the period necessary for the Service Provider to carry out the required work. The Service Provider
shall notify Service Recipients of planned technical interruptions with appropriate advance notice and shall
also state their expected duration.
13. The Service Provider shall not be liable to Service Recipients for loss or failure to perform obligations
resulting from errors, technical failures or technical interruptions referred to in this Section 24. This
Section is not intended to exclude or limit any rights of a Service Recipient who is a Consumer under
generally applicable law, in particular the Service Provider’s liability for improper performance.
25) FINAL PROVISIONS
1. Agreements concluded under these Terms and Conditions are concluded in the Polish language and are
governed by Polish law.
2. Amendments to the Terms and Conditions:
a. The Service Provider reserves the right to amend these Terms and Conditions for important reasons,
namely: changes in the law; the Service Provider becoming subject to a legal or regulatory obligation;
changes to the scope or form of the services supplied, including Electronic Services; the addition or
removal of services, including Electronic Services; changes to payment methods and deadlines; the
need to address an unforeseen and immediate threat relating to the protection of the Application,
including Electronic Services and Service Recipients, against fraud, malware, spam, data breaches or
other cybersecurity threats; the introduction of or change to fees for use of the Application;
improvement of the quality of service supplied to Service Recipients; or changes to the Service
Provider’s details, to the extent that such changes affect performance of these Terms and Conditions.
b. Notice of proposed amendments shall be sent at least 15 days before they take effect, except that an
amendment may be introduced without observing the 15-day notice period where the Service
Provider: (1) is subject to a legal or regulatory obligation requiring it to amend the Terms and
Conditions in a manner that prevents it from observing that notice period; or (2) must exceptionally
amend the Terms and Conditions to address an unforeseen and immediate threat relating to the
protection of the Application and Service Recipients against fraud, malware, spam, data breaches or
other cybersecurity threats. In the two cases referred to in the preceding sentence, the amendments
shall take effect immediately, unless a longer implementation period is possible or necessary, of
which the Service Provider shall give notice in each case.
Page 20 z 22
c. In the case of contracts of a continuing nature, such as use of an Account, the Service Recipient has
the right to terminate the agreement with the Service Provider before expiry of the notice period for
the proposed amendments. Such termination becomes effective within 15 days of receipt of the
notice. Where a continuing agreement has been concluded, the amended Terms and Conditions bind
the Service Recipient if the Service Recipient was properly notified of the amendments within the
required notice period and did not terminate the agreement during that period. In addition, at any
time after receiving notice of the amendments, the Service Recipient may accept them and thereby
waive the remainder of the notice period. In the case of agreements other than continuing
agreements, amendments to the Terms and Conditions shall not affect rights acquired by the Service
Recipient before the amendments take effect.
d. Where an amendment to the Terms and Conditions results in the introduction of any new fees or an
increase in existing fees, the Consumer has the right to withdraw from the agreement.
3. Matters not regulated by these Terms and Conditions are governed by generally applicable Polish law, in
particular the Civil Code, the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws
2002 No. 144, item 1204, as amended), the Copyright Act, the Consumer Rights Act and other applicable
generally binding provisions of law.
Thank you for reading these Terms and Conditions carefully.
Should you have any questions, we remain at your disposal.
The BlueNationWork Team
ANNEX 1 TO THE TERMS AND CONDITIONS
MODEL WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(complete and return this form only if you wish to withdraw from the agreement)
– Addressee:
EAST WAVE CULTURE SPÓ
ŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Piwna 8A, 44-100 Gliwice
info@bluenationwork.com
– I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)
/ contract for the supply of the following goods (*) / contract for the performance of work consisting in the
production of the following goods (*) / contract for the supply of the following service (*)
– Date of conclusion of the contract (*) / receipt (*)
– Name of Consumer(s)
– Address of Consumer(s)
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– Signature of Consumer(s) (only if this form is submitted on paper)
– Date
(*) Delete as appropriate.
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