GENERAL TERMS AND CONDITIONS OF “THE BRAIN EMBASSY”
MEMBERSHIP AGREEMENTS
These General Terms and Conditions form an integral part of the “The Brain Embassy” Membership Agreements
1. Definitions of terms
The following meanings of the terms used in the Membership Agreement, the GTC and the BE Regulations are agreed:
1.1 „BE” lub „Operator” – means Real Estate Solutions Spółka z ograniczoną odpowiedzialnością spółka komandytowa with its registered office in Warsaw, which is a party to the Membership Agreement;
1.2 „Private Office” – means a lockable office space intended for the exclusive use of the Member and Users designated by the Member in accordance with the Membership Package purchased;
1.3 „Bluebolt” – means the access control system used by the Operator at selected locations, allowing access to the building/area/window via a mobile application;
1.4 „Price List” – means the list of fees for Additional Services constituting an appendix to the Membership Agreement; the current version of the Price List can be found on the Website;
1.5 „Community Desk” – means the reception desk of the BE Space;
1.6 „Community Manager” – means the person appointed by the Operator responsible for liaising with the BE community;
1.7 „Member” – means the entity indicated in the complimentary section of the Membership Agreement that has entered into the Membership Agreement;
1.8 „Additional Services” – means additional services not included in the Membership Package that a Member may purchase at the additional cost indicated in the Price List – the Member’s representatives and the persons designated as the Member’s representatives in the Membership Agreement are authorised to place an order for Additional Services;
1.9 „Permitted Use” – means the use of the Co-creation Space (BE) for office purposes;
1.10 „Business Hours” – means the hours between 9.00 a.m. and 5.00 p.m., Monday to Friday, excluding public holidays, when Community Desk staff are available;
1.11 „Complex” – means any location where the Brain Embassy operates (or will operate);
1.12 „Parking Spaces” – means the parking spaces located, depending on the location, in the surface parking lot of the Complex, in the underground garage of the Complex or in any other location designated by BE;
1.13 „Meeting Place” – means the part of BE designated for meetings as indicated by the Operator;
1.14 „General Terms and Conditions” or „GTC” – means these General Terms and Conditions of “The Brain Embassy” Membership Agreements, as amended and supplemented from time to time;
1.15 „Membership Package” – means a package purchased by a Member specifying the detailed scope of his or her entitlements;
1.16 „The Brain Embassy Space” lub „The BE Space” – means the part of the Complex in which BE carries out a co-creation project called „The Brain Embassy”;
1.17 „Co-creation Space” – open and enclosed office space with dedicated workstations with access to office infrastructure, including the Meeting Space;
1.18 „Reception Desk” – the range of Services provided by the Operator as described in Section 9 below;
1.19 „BE Regulations” – means the set of regulations governing the use of the BE Space (the “Regulations governing the use of The Brain Embassy“), forming an integral part of the Membership Agreement; the current version of the BE Regulations is available on the Website;
1.20 „Complex Regulations” – means the set of rules applicable to the Complex which forms an integral part of this Agreement, the current version of the Complex Regulations is available on the Website;
1.21 „Parking Regulations” – means the rules governing the use of car parking lots and Parking Spaces, which form an integral part of the Membership Agreement;
1.22 „Regulations” – means collectively the BE Regulations, the Complex Regulations and the Parking Regulations. The current versions of all the Regulations are available on the Website and are subject to change;
1.23 „Items” – movable property left unattended by the Member, Users or other persons in the BE Space;
1.24 „Storage Room” – means the part of the Complex designated as storage space;
1.25 „Party”” lub „Parties” – means, depending on the context, BE, a Member or both of them together;
1.26 „Website” – means the Brain Embassy website www.brainembassy.com;
1.27 „System” – means the IT system used to support the use of the Services and communication with Members;
1.28 „Agreement” lub „Membership Agreement” – means the membership agreement with The Brain Embassy, together with its appendices and annexes, which consists of the following documents: Agreement, General Terms and Conditions, Regulations;
1.29 „Services” – means the scope of entitlements of Members as set out in the Membership Package;
1.30 „User” – means the person nominated by the Member who is entitled to use the Brain Embassy under the provisions of this Membership Agreement;
1.29 „Remuneration” – means the payments due to BE from the Member under the terms of the Membership Agreement, in particular the Membership Package Remuneration, Parking Space Remuneration, Storage Remuneration.
2. GENERAL PROVISIONS
2.1 Under the terms and conditions set out in the Membership Agreement and the GTC, the Member, and the Users designated by the Member, shall be entitled to the non-exclusive use of the common space located in the BE Space and to use the services and entitlements resulting from the purchased Membership Package.
2.2 In the case of opting for membership under the Be Involved-Private Office Package, the Member is entitled to exclusive use of the Private Office indicated in the Membership Agreement.
2.3 Additional Services, including Parking Spaces, Storage Room, etc., may be purchased separately by the Member at an additional cost in accordance with the Price List. Additional Services will be provided by BE once a valid order for Additional Services has been placed by the person representing the Member or identified in the Membership Agreement.
2.4 The rights of Members and Users are not transferable.
2.5 The Member and Users may use BE locations other than the one originally selected, only to the extent specified in the Membership Agreement or indicated by the Operator.
3. MEMBERSHIP PACKAGES
3.1 Membership Packages are purchased for a certain number of Users as indicated in the Membership Agreement. The member is obliged to inform BE of any changes concerning the Users. The current list of Membership Packages can be found on the Website.
3.2 BE allows the possibility of changing the purchased Membership Packages, Private Offices and the number of Users by means of an annex to the Membership Agreement or a separate order placed by the person representing the Member or indicated in the Membership Agreement. Any changes to Packages, Services, changes of Users, etc., should be notified to the Operator by the 15th day of the month preceding the month in which the changes are to take effect.
3.3 The Members who (i) have been Members for more than 3 months and (ii) who have purchased the “Be Together-Hot Desk or Be Together–Dedicated Desk, package, have the option to change their purchased package to the “Holiday Package” for a maximum of two months per year (counted as calendar months, i.e., from the first to the last day of the month). The Holiday Package entitles the Member to a discount on the membership fee in the amount indicated by the Operator. A change of package to the Holiday Package is possible by means of an annex to the Membership Agreement or a separate order placed by the person representing the Member or indicated in the Membership Agreement. After the expiry of the period for which the Holiday Package discount has been granted, the package purchased by the Member in accordance with the Membership Agreement shall apply. During the period in which the Holiday Package discount is in force, the Member is not entitled to terminate the Membership Agreement (including not being entitled to give a notice of termination), nor can the discount period run during the notice period.
4. DURATION OF THE MEMBERSHIP AGREEMENT
4.1 The Membership Agreement is concluded for the period of time indicated in the Membership Agreement. In the absence of any indication in the Membership Agreement of the period for which it is concluded, it shall be deemed to be concluded for an indefinite period. The Membership Agreement shall commence on the date indicated in the Membership Agreement.
4.2 In the case of a Membership Agreement concluded for an indefinite period of time, either Party shall be entitled to terminate the Membership Agreement by giving one month’s notice effective at the end of the month following the month in which the notice of termination was given. If a Membership Agreement is concluded for a fixed period, the notice period indicated in the Membership Agreement applies. The notice of termination shall be submitted to the other party to the Agreement in writing or electronically (i.e., with a qualified electronic signature).
4.3 BE shall be entitled to terminate any Membership Agreement at any time with immediate effect in the event of:
4.3.1 a gross or persistent breach by the Member or its User of any of the provisions of the Membership Agreement or the Regulations;
4.3.2 the Member or its User allowing an unauthorised person to use the Co-creation Space,
4.3.3 use by the Member or its User of the subject matter of the Agreement and/or the Services contrary to the Permitted Use.
4.4 The Member is obliged to completely empty the space he or she occupies, including in particular the removal of all movable property, including documentation and electronic equipment, from the BE Space, including Private Offices.
5. PAYMENT TERMS AND CONDITIONS
5.1 In return for the services covered by the Membership Agreement, the Member is obliged to pay BE a monthly Remuneration, as set out in the Membership Agreement. Along with the Remuneration, the Member shall also pay variable charges, such as charges for additional services, additional prints or the use of the Meeting Place, which arose in the month preceding the payment, according to the data resulting from the System. Payment of the amounts due indicated in the previous sentence shall be made on the same basis as the monthly Remuneration.
5.2 The remuneration indicated in the Membership Agreement is a net amount to which value added tax will be added at the amount and rate resulting from the applicable legislation. The full month billing system applies.
5.3 The remuneration is payable in advance, on the basis of VAT invoices, within 7 days of the date of the invoice (unless otherwise stated in the Membership Agreement). BE shall issue VAT invoices by the 20th of the month for the following month and, in the case of the first invoice, before the subject of the agreement is released to the Member, i.e., before the beginning of the month to which the invoice relates. The Member may pay the Remuneration by wire transfer to the bank account indicated on the invoice or by using the payment terminal available at the Community Desk. The Member is obliged to describe bank transfers accurately (stating the Invoice number and, if paying a deposit, the word “Deposit” with the name of the entity).
5.4 The Member, who is a natural person not running a business, is obliged to pay the Remuneration by the 5th day of each month in advance (i.e. the month in which the Service is to be provided by BE), by transfer to BE’s account (i.e. Real Estate Solutons Sp. z o.o. sp. komandytowa ul. Aleje Jerozolimskie 181 b, 02-222 Warsaw,) bank account number: 71 1140 1010 0000 5307 2200 1001, or by credit card in person at the Community Desk. Sales to natural persons not running a business shall be recorded on a fiscal cash register if required by law.
5.5 BE is entitled to unilaterally change the Remuneration (binding on the Member), of which it will inform the Member one month in advance in writing or by e-mail. If the Member does not agree to a change in the Remuneration, the Member may terminate the Agreement with one month’s notice, effective at the end of the month.
5.6 The Member authorises BE to issue invoices without the recipient’s signature, electronically and to send them to the Member’s e-mail address indicated in the Membership Agreement. A change of the aforementioned e-mail address does not require an amendment to the Agreement, but only a notice served on the Operator, submitted in accordance with the Member’s representation rules.
5.7 The Parties exclude the application of the split payment mechanism (Article 108a et seq. of the Value Added Tax Act) to any payment by a Member to BE under the Membership Agreement.
5.8 Pursuant to Article 4c of the Act of 8 March 2013 on the prevention of excessive delays in commercial transactions, BE declares that it has the status of a large trader.
6. SECURITY
6.1 In order to secure any claims of BE under the Membership Agreement in the case of a purchased Be Involved-Private Office package, the Member shall be obliged to provide BE with a cash security deposit („Security Deposit”) in the amount of 1 month’s gross Remuneration, no later than 3 days prior to the Membership Agreement Commencement Date. The security deposit shall be paid to the following BE bank account: 86 1140 1010 0000 5307 2200 1022; in the case of payment in EUR, the deposit must be paid to the BE bank account: 59 1140 1010 0000 5307 2200 1023, SWIFT: BREXPLPWMBK.
6.2 Before using the Security Deposit, BE may call on the Member to voluntarily pay the amount due, setting an additional period of 3 days for this purpose by e-mail.
6.3 If BE uses the Security Deposit, the Member is obliged to replenish the amount of the Security Deposit to its full amount within 7 days from the date of the e-mail sent to the Member about BE’s use of the Security Deposit. Until the amount of the Security Deposit is replenished to its full amount, the Operator shall be entitled to block the access of the Member and its Users to the BE Space, which shall in no way affect the Member’s payment obligations, including the Remuneration.
6.4 In the event that the Security Deposit is not replenished within the period indicated in Section 6.3, BE will be entitled to terminate the Membership Agreement for cause without notice. In the event of failure to pay the Security Deposit within the period indicated in Section 6.1 above, BE shall be entitled to withhold the Services, including to refuse access to the Complex.
6.5 BE may set off the amount of the Security Deposit paid by the Member, in whole or in any part, against any payment due and unpaid by the Member under the Membership Agreement, including incidental dues, interest, or in the event that BE suffers any loss caused by the Member’s failure to comply with its obligations under the Membership Agreement and the Member fails to pay the amount due within 3 days of BE’s request by e-mail.
6.6 The Security Deposit (excluding interest), less BE’s unsatisfied claims against the Member, shall be returned to the Member within 30 days of the expiry or termination of the Membership Agreement, provided that the Member has first discharged all of his or her obligations to BE under the Membership Agreement, in particular vacating the space in accordance with the GTC.4 If a Member is in arrears in the payment of any amounts due to BE at the date of expiry or termination of the Membership Agreement, BE may set off part or all of the Security Deposit against them. The Security Deposit shall be refunded to the bank account provided by the Member upon BE’s request; if no such bank account is indicated, BE will withhold payment of the Security Deposit until a correct bank account number is received from the Member.
6.7 In the event that the Member is late with payments, BE, after the ineffective expiry of an additional 3-day period given to the Member via e-mail to make overdue payments, shall have the right to, inter alia, block the access of the Member and its Users to the BE Space, which shall in no way affect the Member’s payment obligations, including the Remuneration.
6.8 In the event that the Member is in arrears in payment for more than 7 days counted from the due date, BE, after the unsuccessful expiry of an additional 3-day period given to the Member by e-mail to make the overdue payments, has the right to terminate the Membership Agreement with immediate effect. In such event, the Member shall be liable to pay to BE the monthly Remuneration, at the rate indicated in the Membership Agreement, for the full calendar month in which the Membership Agreement is terminated.
7. USE OF THE CO-CREATION SPACE
7.1 Full availability of the Services is ensured during the Business Hours. Members and Users have access to the Space to the extent consistent with the Membership Package purchased, i.e., 24 hours a day, seven days a week or during the Business Hours.
7.2 The Member may use the Co-creation Space in accordance with its intended use and the provisions of these Regulations, in a manner that does not impede the use of the Co-creation Space by other Members.
7.3 The Member has the right to invite Visitors, provided that the Membership Package purchased so provides. Visitors may stay in the Co-creation Space during the business hours of the Reception Desk, unless otherwise agreed in advance with the Operator by the Member. Meetings between Members and Visitors may take place in the Meeting Place or other designated areas in the Co-creation Space in a manner that does not impede the use of the Co-creation Space by other persons and entities. Visitors are not allowed in the Co-creation Space without the Member who invited them. If Visitors are to stay at a meeting in the Co-creation Space for more than 3h they are required to purchase a one-time pass.
7.4 Members have the opportunity to use the printing, photocopying and scanning devices, and others available in the Co-creation Space. As part of each Membership Package, except for the “Be Together-Basic Package”, the Member is entitled to print 120 black and white pages and 20 colour pages per month for free. Prints exceeding these limits are charged extra according to the Price List.
7.5 The Operator reserves the right to limit the availability of the Co-creation Space and its functionalities after Business Hours with prior announcement in the System one week before the scheduled date. Members have no claim on account of the restrictions described above.
7.6 The Operator may make the Co-creation Space available to third parties for the purpose of making recordings or photographs.
8. SUPPORT SERVICE
8.1 The reception service (“Reception Desk“), available during Business Hours, includes:
8.1.1 day-to-day administration of the Co-creation Space,
8.1.2 assistance with office equipment,
8.1.3 collection of postal and courier mail,
8.1.4 receiving and directing visitors to the Meeting Place.
8.2 The Reception Desk, upon collection, will place a parcel in the Member’s letterbox and, in the case of a larger parcel waiting at the Reception Desk, will notify the Member. The Member must collect the parcel within 7 days of being notified by Reception Desk of the awaiting parcel.
9. SERVICES
9.1 The Services include:
9.1.1 access to the Co-creation Space, including the Meeting Space, common areas and a kitchen area stocked with water, coffee and tea;
9.1.2 use of BE Space in accordance with the membership package purchased;
9.1.3 wireless Internet access;
9.1.4 access to office equipment, including a printer, as defined in the GTC;
9.1.5 handling of correspondence in accordance with the purchased Membership Package;
9.1.6 access to the specialised press and literature available to BE;
9.1.7 participation in training, workshops and other events organised by BE and use of all development tools provided by BE;
9.1.8 use of the Meeting Places in accordance with the Membership Package purchased.
Once the credits (entitlements) included in the respective Membership Package have been used, the use of the Meeting Place is subject to an additional charge. Prior booking of the Meeting Place in the calendar in the System is required. The Meeting Place should be cleaned up by the Member or User at the end of the time for which it was booked;
9.1.9 indication of BE’s address as a place of business within the meaning of Article 16a of the Act of 2 July 2004 on Freedom of Business Activity, insofar as this results from the content of the Membership Package only during the validity period of the Membership Package purchased;
9.1.10 access to sanitary facilities.
9.2 The scope of Services that a Member may use is determined by the scope of the Membership Package purchased. Additional Services may be ordered by the Member through a separate order placed by the person representing the Member or indicated in the Membership Agreement, in accordance with the Price List. The addition and cancellation of Additional Services is done by e-mail sent to the BE address indicated in the Membership Agreement and does not constitute an amendment to the Membership Agreement.
9.3 The use of the Internet connection available in the Co-creation Space for activities that are unlawful, infringe or threaten to infringe the rights of third parties, and for unlawful downloading and/or sharing of materials, including copyrighted materials) or excessive load on the connection by downloading large files for entertainment purposes (e.g., films) or otherwise violating § 3 of the Regulations is prohibited under pain of immediate and permanent blocking of the Internet access of the devices used for such activities. This does not exclude other liability under the law.
9.4 The Operator’s liability for damage caused by the non-functioning or malfunctioning of the Internet connection is limited to the amount of the remuneration paid by the Member for the use of this Service for one billing period.
9.5 The Member is responsible for the Items left by the Member to its Users or persons staying in the Co-creation Space at the invitation of the Member. This particularly applies to the following Items:
9.5.1 Items left unattended in the Co-creation Space, the Meeting Place or any other part of the BE Common Space outside the Business Hours;
9.5.2 Items not vacated from the BE Space in accordance with § 4 of the GTC upon termination of the Membership Agreement.
9.6 Items left behind shall be placed in the Storage Room by BE and the Member shall be called to collect them within 7 days.
9.7 The Member shall be obliged to pay a contractual penalty of PLN 500 for each commenced month of breach in the event of failure to collect the Items in accordance with § 6 of the GTC or the parcel in accordance with § 8.2 of the GTC. In the case of Items whose storage in the Storage Room occupies more than 3 m2 of space, the contractual penalty referred to in the preceding sentence shall increase to PLN 1,000 for each commenced month of breach.
10. ADDITIONAL ARRANGEMENTS
10.1 The Member and each User shall abide by the Regulations and follow the instructions of the Community Manager. The Member is obliged to inform each User of the need to comply with the Regulations. The Member is responsible for all damage caused by its Users.
10.2 The Member and each User shall take care of the BE Space (including the common space and the Private Office) and shall not leave any movable property in the BE Space unattended.
10.3 The Member agrees that BE may use the Member’s name and logo for marketing purposes, including, in particular, by including the Member’s name and logo in advertising and promotional materials and websites relating to the activities of The Brain Embassy. The Member may withdraw the above consent at any time by informing BE in writing
10.4 The Member is obliged to take out (by himself or herself and at his or her own expense) an insurance contract (with an insurance company of its choice) for its property brought into BE and to cover any incurred losses from this insurance first
10.5 It is forbidden to give access control cards, access to the Blue Bolt system and/or keys to other persons and to allow unauthorised access to the Co-creation Space. The Member shall not have the right to sublet, lend, lease or make free use of the subject matter of the Agreement to a third party, or to transfer the rights and obligations under the Agreement to a third party, without the prior written consent of the Operator
10.6 The Member must report to the Operator the loss or destruction of the office key/access card. The duplicate shall be issued against payment according to the Price List.
10.7 Upon termination of the Membership Agreement, the Member is obliged to immediately (no later than within 14 days) de-register his or her registered office from the BE Space (in the Register of Entrepreneurs or the Central Register and Information on Business Activity) and inform the relevant tax office,
10.8 The Parties undertake to keep confidential and not to communicate or use without the consent of the other Party any information concerning the Agreement, including its content and commercial terms and conditions, and information obtained in connection or during performance of the Agreement. The obligation of confidentiality shall apply for a period of 3 years after the date of expiry or termination of the Agreement.
10.9 All correspondence between the Parties shall be dispatched to the addresses set out in the Membership Agreement.
10.10 Each Party shall notify the other Party immediately of any change of address. Until such time as the change has been duly notified, correspondence addressed to the previous address shall be deemed to have been delivered within the period of time that delivery can normally be expected. A change of address does not constitute an amendment to the Agreement.
10.11 Any correspondence sent to the addresses set out in Sections 10.9 – 10.10 shall be deemed to have been delivered when the first of the following events occurs:
10.11.1 delivery of the parcel,
10.11.2 refusal to collect the parcel,
10.11.3 expiry of 7 working days from the date of first notification of the parcel dispatched by registered mail.
11. PROTECTION OF PERSONAL DATA
11.1 The information on the processing of the personal data of the Member who is a natural person and Users constitutes Appendix No. 1 to the GTC.
11.2 Each Member (who is a natural person) and User, in order to receive an access card to BE Surfaces, is obliged to fill in a declaration on the collection and processing of personal data provided by an authorised person of BE. In the event that there is a Blue Bolt on a BE Surface, in order to access the BE Surface, the Member (who is a natural person) and the User should provide BE with an e-mail address to which an invitation to install and log in to the Blue Bolt application will be sent. The method for installing and using Blue Bolt is indicated in the resources of the Blue Bolt provider, which the Member (who is a natural person) and the User will receive access to at the e-mail address provided. BE is not responsible for the accuracy of the e-mail addresses provided by the Member.
11.3 In the case of Members who are not natural persons, BE will process the data of the Member’s representatives for the purpose of fulfilling the Membership Agreement. In such a case, the Member is obliged to inform his/her representatives, whose personal data are shared with BE, of BE’s data processing rules by providing an information clause available at:
www.brainembassy.com/pl/polska-informacja-o-przetwarzaniu-danych-osobowych/.
The Member is obliged to make a document confirming the fulfilment of this information obligation available to BE whenever requested to do so by BE.
12. FINAL PROVISIONS
12.1 The appendices to the Membership Agreement, as made available on the Website, together with the GTC form an integral part of the Membership Agreement. The content of the Regulations, the Price List and the GTC may be amended by BE. The amended content of the aforementioned appendixes shall be binding unless the Member terminates the Membership Agreement within 30 days from the date of the relevant amendment (as disclosed on the Website).
12.2 The rights and obligations of the Member are not transferable without the prior written consent of BE.
12.3 The liability of the Operator is limited to wilful misconduct and actual damage (excluding any indirect damage), with compensation limited to a contractual penalty of PLN 50 for each infringement, but in total no more than the value of the fees paid by the Member for the Membership Package in the calendar month preceding the occurrence of the damage.
12.4 Any disputes that may arise in connection with the execution of this Membership Agreement shall be settled by the common court with jurisdiction over the Śródmieście district of the City of Warsaw in Warsaw.
12.5 In matters not regulated in the Membership Agreement and the GTC, the relevant provisions of the Civil Code shall apply. The Membership Agreement shall be governed by Polish law.
12.6 The conclusion of the Membership Agreement is permissible in writing or electronically (qualified electronic signature). Amendments to the Membership Agreement are permitted in writing or electronically (qualified electronic signature).
ZAPPENDIX NO.1 TO THE GTC – IFORMATION CLAUSE
Who will be the controller of your data?
The controller of your personal data shall be Real Estate Solutions sp. z o.o. sp. k. with its registered office in Warsaw, Al. Jerozolimskie 181B, 02-222 Warsaw (“Controller“, “we“).
What data do we process?
We collect and process information obtained from you during, among other things:
- conclusion of “The Brain Embassy” Membership Agreement;
- when you fill in your forms;
- during the telephone conversations you have with us;
- during e-mail correspondence you have with us;
- when you hand over your documents;
- during the meetings you have with us;
- during the events organised in “The Brain Embassy”, which you participate in as part of your membership in “The Brain Embassy”
The data we collect may include data such as your name, e-mail address, image and other information necessary for the purposes of data processing, which you can read about below.
For what purpose and on what basis do we process your personal data?
We will process your data:
a) on the basis of your consent (Article 6(1)(a) of the GDPR) for purposes related to the marketing and promotion of “The Brain Embassy”, including in particular:
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- the dispatch of newsletters and mailings concerning “The Brain Embassy”, as well as other products and services offered by Adgar Group entities;
- to inform you about products, services, promotions, competitions and current events at “The Brain Embassy”, BeYOURSeLF” and buildings belonging to Adgar Group entities;
- to promote the co-creation space “The Brain Embassy”, “BeYOURSeLF” and its community and all activities and events related to them;
- to maintain social media profiles for “The Brain Embassy” and dedicated websites;
in all cases, the purpose for which we process personal data will depend on the content of the consent you have given.
b) to conclude and execute the “The Brain Embassy” Membership Agreement (Article 6(1)(b) GDPR);
c) in order for us to comply with our legal obligations relating to our business, including tax obligations, reporting obligations, retention of certain documentation, fraud prevention (Article 6(1)(c) of the GDPR;
d) to pursue the legitimate interests of the data controller and other Adgar Group entities (Article 6(1)(f) of the GDPR), e.g., when we contact you by providing information about the space, responding to your questions, requests, comments and handling your requests via the contact form on the Website, the application or by other means, when we process your data for the purpose of compiling statements, analyses, statistics, reports, for the purpose of ensuring your safety and the safety of others, for the purpose of controlling access to “The Brain Embassy” buildings, for contacting you and – within the framework of an existing relationship – for direct marketing purposes, for the purpose of pursuing claims; to identify your needs, expectations, satisfaction and interests, to adapt the offer to your needs and expectations.
Who do we share your data with?
We may share your data, to the extent necessary, with:
a) entities entitled to receive them on the basis of the law (e.g., courts, legal protection authorities, administrative authorities, supervisory bodies);
b) entities processing your data on our behalf (e.g., our service providers for the operation of “The Brain Embassy”, entities operating our ICT systems or providing us with ICT tools, entities providing consultancy, advisory services, research agencies, security companies, creative and marketing agencies, training companies, etc.);
c) the owner and administrator of the building in which the Brain Embassy is located;
d) entities within the Adgar Group, i.e., entities, like us, with capital links to Adgar Investments & Development Ltd, based in Petah Tikva, Israel. The current list of entities can be found at http://www.adgar.pl/spolki-adgar.
Whenever we share your data, we will take care to share only the minimum necessary information.
We are part of the Adgar Group, in which the dominant entity is Adgar Investments & Development Ltd, based in Petah Tikva, Israel. Therefore, it may happen that your data will be transferred outside the European Economic Area (EEA). In the event that your data is to be transferred outside of the EEA, we will ensure that we work with such entities on an appropriate legal basis and that they provide appropriate standards of protection.
How long do we keep your data?
We will retain your personal data for the period necessary to fulfil the purposes for which the personal data were collected or for which they are processed; to the extent necessary to comply with an applicable legal requirement or to the extent indicated under applicable archiving or statute of limitations legislation, for a maximum of 5 years.
To the extent that we process your data on the basis of your consent, we will retain it for the period necessary to fulfil the purposes for which it was collected, but no longer than until you withdraw your consent to its processing.
What rights do you have?
Remember that you are entitled to the following rights:
a) the right to request access to personal data, including the right to obtain a copy of that data;
b) the right to request the rectification (amendment) of personal data if the data is inaccurate or incomplete;
c) the right to request the erasure of personal data (the so-called “right to be forgotten”) in the cases indicated in the GDPR;
d) the right to request the restriction of the processing of personal data;
e) the right to object to the processing of personal data;
f) the right to portability of personal data;
g) where the processing of your personal data is based on your consent to the processing of your data, the right to withdraw your consent at any time without affecting the lawfulness of the processing carried out on the basis of your consent prior to its withdrawal;
h) the right to lodge a complaint with a supervisory authority – should we consider that our processing of your personal data breaches the GDPR.
Do you have to provide your data?
The provision of your data is voluntary. However, your failure to provide data will result in your inability to conclude the Brain Embassy Agreement and to fulfil the purposes of the processing indicated above, including your use of The Brain Embassy.
Who to contact about data processing?
For matters relating to the processing of your data, you can contact us by e-mail at: [email protected], [email protected] or by post at Real Estate Solutions sp. z o.o. sp.k., Al. Jerozolimskie 181B, 02-222 Warsaw.