I. Who are we and how can you contact us?

1. ClickMeeting as a Data Controller

Controller of your Personal Data provided in connection with using the Service, the Mobile App or the Website is ClickMeeting spółka z ograniczoną odpowiedzialnością with its registered office in Gdansk, Poland.

Our contact details:

• address: al. Grunwaldzka 413, 80-309 Gdańsk, Poland

We have created a dedicated e-mail address for you to contact us to exercise your rights, give or withdraw consents or for any other issues connected with the protection of Personal Data: privacy@clickmeeting.com.

You may also contact us through the contact form available on: https://clickmeeting.com/contact.

2. Data Protection Officer

We have appointed a Data Protection Officer here at ClickMeeting. You may contact the Data Protection Officer in all matters related to the processing of Personal Data and to use of the related rights. You may contact the Data Protection Officer by:

• e-mail: privacy@clickmeeting.com
• in writing: Inspektor Ochrony Danych (Data Protection Officer), ClickMeeting Sp. z o.o., al. Grunwaldzka 413, 80-309 Gdańsk, Poland

3. ClickMeeting as a Data Processor

In some circumstances we also process Personal Data on your behalf. In these cases you determine the scope of Personal Data you want us to process and the means of their processing, especially through your use of our Service. You can find more about this matter in section VII.3. of this Privacy Policy.

II. What data do we collect?

The scope of the data we process depends on the context of their collection and on the purposes of their processing.

If you are asked to give your Personal Data, you have the right to refuse. And if you decide against providing the data required to use a particular Service or Mobile App, you may be unable to use some of its elements or to order some Service plans.

1. Data you give us directly

We receive some data directly from you, for instance when you are creating a Service Account, filling out a contact form, managing the Account, filling out your profile details, enrolling on a webinar organised by ClickMeeting, contacting us for technical assistance, posting comments on our blog.

The Personal Data we receive from you include primarily first name, last name, e-mail address and other contact details. If you subscribe to the fee-based full version of the Service, we also process your payment data.

You may also post various files and data during an Event held using our Service, which includes importing your contacts and building the list of Users – if you do this, we will process such data for you. For instance, if you want to present presentations during an Event, you must first add the file to the Service Account, and we must download the content of that file to allow you to display the presentation to the Participants during the Event.

When you communicate with us to give us an opinion on our Website, Service, published content, to receive technical support, to receive dedicated offering – we collect the information you provide to use within such communications. If you contact us directly, for instance to receive customer service, the phone calls or chats with our representatives may be monitored or recorded.

2. Data received from third-party entities

We also receive data from third-party sources such as:

• our external partners i.e. social media and Google or Microsoft, for instance if you are giving us access to data in your mail account or social media network when you are creating an Account or when you give those providers consent for using your data for analytic, statistic or advertising (remarketing) purposes;
• the partners with whom we work to deliver marketing content;
• publicly available sources, such as the Central Registration and Information on Business (CEiDG) database or the National Court Register (KRS);
• Participants of Events organised through the Service, whether you participate in them or organise them.

3. Data obtained automatically during the use of the Website or the Services

Whenever you use our Services, the Mobile App or the Website, also as an Event Participant, we record your visits and your interactions with Services, the Mobile App or the Website. They include data about your use of the Service, the Mobile App or the Website, the performance of our Services, the Mobile App and the Website, the functionalities you use, the Website pages your visit and the links or content you click, the setting you choose, the problems that arise during your use of the Services, the Mobile App or the Website. These activities are saved for instance in our system and application logs. In connection with the above activities, we may receive information about the URL address of the website from which you are coming and of the destination website when you leave the Website or stop using the Service. We also receive information about your IP address, the proxy server, the operating system, the web browser, general location data (not based on GPS).

Furthermore, when you contact us for troubleshooting or support, we collect detailed data connected with the incident you are reporting, including information about the condition and configuration of your device and Service at the moment of error occurrence and analysis.

We treat all the above information as Personal Data when they are tied to your Service Account or with other “hard data” that identify you directly. Otherwise such data are in principle non-personal data.

4. Cookies and similar technologies

Cookies represent a technology that saves data and collects them from the devices which you use to visit our Website or use the Service. Cookies are created automatically by the web browser you use and they can only be read by the site from which they come from.

We use cookies and similar technologies to improve performance and offer our Website, Mobile App and Service users further functionality improvements. We also allow some other entities to use such technologies in line with the description in our Privacy Policy. You will learn more about cookies and similar technologies in Chapter V of this Privacy Policy.

III. How do we use your data? Your data and how we process them.

The rules that govern the processing of your data differ depending on whether you are our Customer or a Website or Mobile App User. The purposes, scope of the data we process and legal grounds of such processing vary. Below you will find information about the processed data in relation to the particular purposes for which we need them.

1. In order to provide services

We process your data because this is required for you to use the Service, the Mobile App or Website. In other words, for you to be able to register as a Customer, use the Mobile App or order our materials as a User, we must process your Personal Data because otherwise we would be unable to provide you with the service you request (necessity for contract performance or service provision).

ClickMeeting's service provision includes the following actions: administrative activities connected with the conclusion of the Service contract under the ClickMeeting Terms of Service, Account creation and Customer authentication on the Website, as well as Service provision, rendering the Mobile App available and delivery of the content ordered by Users, also Users who do not have an account but use the Website, actions taken to provide Customer and User service, complaint examination, invoicing, fee collection, exercise of claims, if any, and Service quality control.

What data do we use and what for?

For Account creation and Customer or User authentication we use:

• Registration data (i.e. e-mail address, first name / business name, address, phone number) and your password (hashed).

To provide you with Service (i.e. once you have logged into the Account as our Customer or a person authorised by our Customer), we process the following data:

• Data specified in Account details.
• Personal Data contained in the content submitted or shared by the Customer through the Service or uploaded to the Account.
• Data generated automatically in connection with your activity on the Website or in the Service (described more broadly in II.3. of the Privacy Policy).

You may use the Website in a way that does not require creating an Account, e.g. by downloading handbooks and other training materials, subscribing to a newsletter regarding new entries on our blog https://blog.clickmeeting.com or in the Help Center, posting comments on the blog, enrolling on a webinar, a course or another event organised by us or with our participation, gaining access to a so-called “Webinar on demand”. Then, to allow the use of the Website, we process the following User data:

• Data generated automatically in connection with your activity on the Website (described more broadly in II.3. of the Privacy Policy),
• Data in the forms, required for you to be sent the ordered materials, participate in the selected events, take an action of your choice, i.g. e-mail address, sometimes also first name.

2. Legitimate business interests

We process data for purposes connected with ClickMeeting’s legitimate interests, depending on the types of ties between us and our Customers or Users.

What data do we use and what for?

a) For analytical and development purposes. To manage Service, Mobile App and Website use statistic, to improve and facilitate Service, Mobile App and Website use and to ensure the IT security of the Service, Website and Mobile App, we process the following data:

• E-mail address, if provided
• Data generated automatically in connection with your activity on the Website, the Mobile App or in the Service (described more broadly in II.3. of the Privacy Policy).

We believe that we have a legitimate interest in analysing the Service, Mobile App and Website performance, their use and the satisfaction of our Customers and Users. We also believe that the processing of such data is beneficial to our Customers and Users as our goal is to improve the Website performance and provide higher quality of Service and the Mobile App.

b) To the claim and defence of rights. If necessary, we process the following data for the establishment, pursuit, exercise or defence of legal claims in court and before other state authorities:

• Data specified in Account details.
• Data regarding Service, Mobile App or Website use insofar as required to establish a claim,
• Other data as required to prove the existence of a claim, including the extent and circumstances of damage.

We believe that we have a legitimate interest in data processing where required for us to claim damages in connection with Service, Mobile App or Website use that is unlawful or in violation of the Terms of Service or to defend against claims raised by Customers, Users or third parties.

c) To answer questions. To handle your questions, requests and complaints, if any, we may process the following data you have provided:

• Data specified in Account details.
• Data regarding your activity within the Service, the Mobile App or Website that are related to your question, request or complaint.
• Data included in the question, request or complaint and in the enclosed materials.

We believe that we have a legitimate interest in replying to the requests or questions you have submitted through the existing contact channels. We assume that the processing of such data is also beneficial for you because it allows us to properly assist and reply to your communications.

d) To check customer satisfaction and improve Services. We may process the following data to check the satisfaction from and facilitate and improve the use of the Service, Mobile App or Website:

• First name and e-mail address.
• Replies to our questions contained in surveys and forms used in the study.

We believe that we have a legitimate interest in checking whether our Customers and Users are satisfied and how we could improve the quality of the Website and our Services.

e) For fraud prevention. We may process the following data to prevent, detect and fight fraud and violations, to protect our Customers and Users from such fraud and to ensure network and information security:

• Data specified in Account details.
• Data regarding the activity on the Website, the Mobile App or in the Service insofar as required to analyse and verify a potential fraud or violation.

We believe that we have a legitimate interest in conducting the required verifications to detect and prevent potential fraud and violations. We understand that the processing of such data is beneficial for everyone, and in particular for you and your clients, because it helps us establish the measures to protect your and your recipients against transmission of malware, attempts to disrupt your Events or fraud attempts by third parties.

3. Sending marketing and promotional communications

We use your Personal Data for those purposes based on the consent you have expressly granted.

What data do we use and what for?

We may process the following data in order to send the Website Users marketing and promotional communications about our Website and Services:

• Registration data, i.e. first name/business name and e-mail address

4. Marketing purposes, including the development of your customer profile

We want our Service and Website, including the communications addressed to you, such as marketing or on-boarding communications or Service tips, to match your needs and preferences as much as possible (profiling). Below we describe what this is about.

What data do we use and what for?

In order to develop the sales and marketing of our Service, and to create Customer or User profile matching your interests and preferences, we process:

• Registration data, i.e. first name/business name, e-mail address, address.
• Data specified in Account details.
• Data generated automatically in connection with your activity on the Website or in the Service, including data received from our providers (described more broadly in II.3. of the Privacy Policy).
• Data collected through cookies and tracking technologies.

If you have agreed as a User to receive commercial information from us or established a business relationship with us by subscribing to the Service, we have a legitimate interest to process your Personal Data and for that purpose create Customer or User profile. We will adapt advertising and marketing content regarding our Services to the profile. We will not send you any communications regarding the products or services of other entities.

We believe that we have a legitimate interest in analysing how our Services and Website are used by the Customers and Users so that we can improve them and help increase the number of Customers and Users who use them.

Website Users who wish to receive commercial information to the specified e-mail actions act based on voluntary, conscious and definite consent so we believe that they can reasonably expect us to send such communications and process their Personal Data for that purpose; similarly, our Customers, who ordered the Service, can reasonably expect to receive news and other marketing communication pertaining to our Service. These people also expect the communications they receive to match their interests. Adapted marketing communications addressed to Customers let them use beneficial special offers and allow them to make an optimal use of our Service.

At the same time, we do the profiling only based on the data provided by them or data regarding their activity within the Service or Website. We are interested only in information related to your use of the Service or Website and not what you do on other websites.

As a result, we believe that our interest is legitimate, lawful and free of violations of any overriding User or Customer rights.

IV. Who we disclose your data to

1. Data disclosure within the Service

Profile Page – the data on your profile page are fully visible outside the Service area (e.g. to users of third party search engines). We believe that default settings where the profile page is public are expected and beneficial for you, your Participants and invitees because this helps you promote your activity and planned Events online and the concerned parties obtain the required information about you and your planned public Events. You may decide about the availability of your profile website at any time and about the visibility of some of its parts through your Account settings.

Events - if you participate in an Event organised through the Service, your first and last name, if you provided it during registration for the event, as well as any information you provide on chat during the Event chat may be visible to other Participants of the Event. Additionally, if you are a Presenter or the Event Presenter gives you an audio or video transmission authorisation, your voice or image will be shared with other Participants of that Event. The Event host may decide to share the Event recording with a broader audience, for instance to publish it on his/her YouTube channel or carry out a live broadcast – in such case other people will be able to see your Personal Data visible in the recording.

Integrations - if you integrate your Service Account with services of other providers, the content and data you have uploaded to your Account may be shared with such providers or downloaded from such services. For instance, you may integrate your Account with your CRM account to automatically export there your list of Participants from the Event or integrate with your mailbox account and import your address book to your Account. Such activities enable you to use the imported or exported data to send invitations to an Event you organise through the Service. In addition, if during the use of the Service you present content from YouTube Platform or publish your Content on that Platform using our integration with YouTube API Services, data related to your Event and the use of YouTube API Services will be processed by YouTube in accordance with the privacy policy https://policies.google.com/privacy.

2. Other data recipients

We transfer your data to the following categories of recipients:

• Processors. We use providers who process your Personal Data only at our instruction, as processors acting on our behalf. They provide services covering certain functionalities of the Service (sending e-mails), hosting services, Customer service support and services connected with security incident tracing and response, troubleshooting and problem solving in the Service or on the Website, for the purpose of Website traffic analysis and analysis of the success of marketing campaigns.
• Other controllers. We work with entities who do not act exclusively on our instructions and who independently establish the purpose and methods of processing your Personal Data or non-personal data, for instance payment institutions that enable you to pay for the Service online. We use the services of such third parties (controllers) also to reach you with our marketing communications outside the Website. Their services involve presenting our marketing communications to you on websites other than the Website. To that end, the third-party controllers install e.g. a code or pixel to collect information about your activity within the Website or the Service. You will learn more about this in Chapter V of this Privacy Policy.
• Public authority. We provide your Personal Data if requested by competent public authorities in connection with their legal obligation to perform a public function. We provide the data exclusively at a written request of the authority filed on a case-by-case basis.
• ClickMeeting affiliates. We provide your Personal Data to GetResponse Sp. z o.o., a company with personal ties to ClickMeeting, to efficiently provide Services to Customers.

In addition, we may share information that does not represent Personal Data with the public, including data collected via cookies or similar technologies, especially in the form of aggregate information about trends in Website, Service and Mobile App use, and communicate them to other partners, including publishers and providers of analytical technologies. We also allow specific providers to collect data from your browser for advertising and measurement purposes using cookies or similar technologies.

3. To which countries are my data transferred?

The providers to whom we transfer Personal Data are based mostly in Poland and in other Countries of the European Economic Area (EEA), e.g. the Netherlands or Ireland. Some of them are based outside of the EEA. In connection with the transfer of your Personal Data outside the EEA, we have made sure that our providers signed appropriate data processing agreements with us and gave their guarantees of top-level data protection. Depending on the provider, these guarantees arise from:

• Commission Decision of 20 December 2001 on the adequate protection of personal data provided by the Canadian Personal Information Protection and Electronic Documents Act, under Article 45(1) of the GDPR https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02002D0002-20161217, or
• the obligation to apply standard contractual clauses adopted by the Commission (EU) based on Article 46(2)(c) of the GDPR;

V. Cookies and similar technologies

1. Can you manage cookies and other similar technologies and how?

We mention this first – you may manage (disable or accept) cookies and other similar technologies used by us and our service providers on your own at any time.

Depending on the technology used – the data storage, the managing may take place in different ways.

Remember that change of settings may cause problems with proper use of certain Website or the Service elements and block proper upload of page, especially where logging in to the Account is required.

2. Cookies and similar technologies – types

As we have mentioned, cookies represent a technology that saves data and collects them from the devices which you use to visit our Website or use the Service.

Aside from cookies on the Website and within the Service, we and the providers of the tools and services that we use apply other technologies that allow to save information in your system/web browser through data storage (Session Storage, Local Storage, IndexedDB) as well as Tags.

See below for a description of the types of cookies and similar technologies.

The usage of third-party cookies and similar technologies on our Website and within the Service takes place on the terms set out in privacy policies of providers who generate such cookies or similar technologies. These third-party services are outside of our control. The providers may, at any time, change their terms of services, purpose of use of cookies and other similar technologies. The current list of our partners whose services we use or whose technologies we place on the Website or in the Service and information about is available here.

For instance, in the area of the Website we use the services provided by HotJar Ltd., which involve providing aggregate information in the form of a heatmap and conversion path, recording the User’s movements on the site, conducting research and surveys on our websites. The privacy protection rules for the HotJar service are available on https://www.hotjar.com/privacy. According to the privacy protection rules, HotJar’s service does not entail collecting and processing any User information considered as Personal Data.

3 Why do we use cookies and similar technologies?

We use cookies and similar technologies to improve performance and offer our Website, Service and Mobile App users further functionality improvements. Analysis of the data saved based on the use of cookies and similar technologies shows which content is the most interesting for the Users and Customers, and which content is less popular.

At the same time, the use of anonymous cookies and similar technologies allows us to present better content without the need to send surveys and act through trial and error. We are able to define what can be easily improved and which elements to avoid, which ultimately renders our Website, the Mobile App and Services more user-friendly. Below you will find a description of use of particular technologies.

VI. Your rights. You have control over your data

1. General Information

We make sure that our Customers and Users can exercise their rights concerning their data.

You may exercise your rights by submitting your request through the contact form or to the following email address privacy@clickmeeting.com. All you need to do is to inform us about the reason behind your request and specify the right you want to exercise.

If you have an Account in the Service, you can exercise some of your rights directly in Privacy Settings after you log in to your Account. Please remember that if you change your Privacy Settings, it may take us a little time to apply your changes in our systems for technical reasons. That’s why during this time our system may for example still send you an email message you have unsubscribed from while your settings are being updated.

If we decide this is necessary for identification purposes, we may ask you some additional questions or ask you to provide us with additional documents to confirm your identity.

2. Right to give and withdraw your consent

If we ask for consent, you can always choose whether to give it or not. In addition, you may withdraw any consent you have granted while creating an Account or using the Website at any time. This also applies to:

• receive commercial information by electronic means to your e-mail address,
• to the collection of your data through cookies. More about this in Chapter V of the Privacy Policy.

Consent withdrawal is effective as of the moment of it being withdrawn. Your withdrawal does not affect any prior processing of your data. Consent withdrawal does not have any negative consequences for you. Still, you may become unable to further use some functionalities of the Service or Website which the law only allows us to provide if we have your consent (e.g. the newsletter).

You can withdraw your consent using a few simple methods:

• by submitting your request to our Customer Success Team via email or live chat
• by clicking “unsubscribe” in the message you have received
• for consent to cookies – via Privacy Preference Center Cookie Settings, in your browser settings or via websites of our providers as described in Chapter V of this Privacy Policy
• for consent to technologies similar to cookies – in your browser settings or via websites of our providers as described in Chapter V of this Privacy Policy
• if you use the YouTube API Service integration - you may revoke access of the Service to your data via the Google security settings page at https://security.google.com/settings/security/permissions

We treat withdrawal of your consent to commercial information as your objection to the processing of your Personal Data for direct marketing purposes, including profiling for that purpose.

3. Right of access

You have the right to receive information on whether or not we process your Personal Data from us. If we do, you have the right to receive:

• information about the rules according to which we process your Personal Data,
• access to your Personal Data,
• a copy of your Personal Data.

If you have your Account in the Service, you are able to obtain direct access to the majority of your Personal Data at any time after logging in the Account.

We will not charge you for the first copy of your data. For any other requests for copies of data, we may charge a fee corresponding to the administrative costs connected with preparing that information.

4. Right to rectification

You have the right to demand correcting and completing Personal Data you have provided. You may do this on your own in Privacy Settings in your Account. In respect of other Personal Data, you have the right to request that we rectify them (if they are incorrect) or supplement them (if they are incomplete).

5. Right to erasure (“right to be forgotten”)

In the cases specified by the law, you have the right to request that we erase the Personal Data that concern you. We will treat a request to erase all Personal Data as a request to delete your Account.

You have the right to request Personal Data erasure if:

• the data processing violates the law or if we have to erase the data to satisfy a legal obligation,
• your Personal Data are no longer required for the purposes for which they were processed,
• you withdrew your consent to Personal Data processing (insofar as the consent represented a legal ground for the processing),
• you have objected to the processing of your Personal Data for marketing purposes,
• you have objected to the processing of your Personal Data for the purpose of statistics regarding Service or Website use and satisfaction research, and the objection was considered justified.

We will retain some of your Personal Data despite your request to erase them if this is required for us to satisfy a legal obligation or for the establishment, exercise or defence of claim. This applies in particular to such Personal Data as: first name, last name, e-mail address, history of using the Service or Website; we retain this data for the purpose of examination of any complaints and claims connected with the use of the Service or Website.

6. Right to restriction of processing

You have the right to request restriction of the processing of your Personal Data. If you make such a request, you will be unable to use certain functionalities of the Service, the Mobile App or Website until your request is considered if the use of such functionalities will entail the processing of the data covered by the request. We will not send you any communications, including marketing communications, either.

You have the right to request restriction of the use of your Personal Data:

• When you question the correctness of your Personal Data – we will then limit their use for the time required to check the correctness of your data but not for more than 30 days,
• If the processing of your data is unlawful, and you request restriction of processing instead of data erasure,
• When your Personal Data are not longer required for the purposes for which we have collected or used them but you need them to establish, exercise or defend claims.
• If you have objected to the use of your Personal Data – the restriction then takes place for the time required to determine whether, due to your particular situation, the protection of your interests, rights and freedoms overrides the interests we pursue by processing your Personal Data.

7. Right to object to data processing

You have the right to object to the use of your Personal Data if we process your Personal Data based on our legitimate interests. We have already described such cases above in Chapter III of this Privacy Policy.

In particular, you have the right to object at any time to the processing of your Personal Data for direct marketing purposes, which include creating your customer profile. In such a case, we will not longer process your data for that purpose and we will no longer send you marketing information.

Additionally, withdrawal of the consent to the commercial information regarding our Services will mean your objection to the processing of your data for direct marketing purposes, including for the development of your customer profile.

In relation to the processing described in section III.2 of the Privacy Policy, if your objection turns out to be justified and we will have no other legal ground to process your Personal Data, we will delete the data to the processing of which you objected.

8. Right to data portability

If you have created an Account with us or agreed to the processing of your Personal Data, you have the right to receive the Personal Data that concern you which you have provided to us in a structured, commonly used, machine-readable and interoperational format that permits sending them to another controller. We will send you your Personal Data in the form of a csv file. The csv format is a commonly used, machine-readable format that permits sending the received Personal Data to another controller.

If technically feasible, you have the right to request that we send your Personal Data directly to anther controller. Just remember that controllers are not legally obligated to keep technically compatible processing systems.

9. Right to lodge a complaint with a supervisory authority

Please be informed that you have the right to complain about the processing of your Personal Data to a supervisory authority; in Poland this is the President of the Personal Data Protection Office, contact details: ul. Stawki 2, 00-193 Warsaw, Poland.

VII. Other useful information

1. Do I have to give ClickMeeting my data?

We sometimes ask you for your Personal Data. Some data (marked as mandatory) in registration forms are required for Account registration or sending of the ordered materials or for participation in an event of your choice. Their consequence is inability to use some or all of the Website, the Mobile App or Service functionalities. Any data other than mandatory and Data specified in the Account details are given on a voluntary basis.

2. How long do we retain your data?

If you are our Customer, we retain the Personal Data of third parties which you have provided to us for processing for as long as you have an Account in the Service. After Account cancellation, your data will be retained for 30 days, only to allow you to reactivate your Account, should you wish to do this. As regards Expired Accounts the storage period is extended to 90 days from Account deactivation date. By doing this we want to allow you to renew your Service subscription smoothly, that is without losing data, without the necessity to re-configure the Account or uploading the Content again. During that time, your data will only be processed for your account and they will not be subject to any other operations, unless we are otherwise required under applicable laws or by competent authorities. After that time, we will delete your Personal Data from the main database, without the possibility to recover it. In the next 120 days, your Personal Data will be subject to encryption and stored in backup copies only. The said 120-day period is required to delete the Personal Data completely due to the specifics of the backup copy operations.

We retain data of Users who are not our Customers for the time corresponding to the life cycle of the cookies or similiar technologies saved on their devices.

We will process the Personal Data of our newsletter subscribers or those who have agreed to receive commercial information from us until they unsubscribe from the newsletter or the commercial information.

Upon the expiry of the above periods, your Personal Data will be anonymised, except for the following data: first name, last name, e-mail address, history of Service use, information about the consents granted – we will retain such data for another period as required for the purpose of complaint examination, compliance with accounting and tax legislation and handling of claims connected with the use of the Service, the Mobile App or the Website or communication sent.

3. Why do I enter into a personal data processing agreement with ClickMeeting?

If you are our Customer and you run a business within the European Economic Area or in any other cases where the GDPR applies to your business, you entrust to ClickMeeting the processing of the Personal Data needed for Service provision on the terms as set forth in the Personal Data Processing Agreement, which forms and integral part of the Terms of Service and is available for download in the Customer Account.

In respect of the Personal Data you entrust to us for processing, you are the one to decide about the purposes and means of processing such data as their controller or you act on behalf of the controller of such data. Make sure you have secured consents to the processing of the data which you entrust to us.

4. Does ClickMeeting process personal data of children or special categories of data?

Acting as a data controller, we do not process the Personal Data of children and we do not collect special categories of data.

The Service, the Mobile App and the Website are addressed to people of legal age, that is over the age of 18 (eighteen) and those who run a business. By commencing the use of the Service, the Mobile App or Website, you declare that you are 18. If you are a minor, please do not give us any information, Personal Data in particular.

If you entrust us with the processing of special categories of Personal Data or Personal Data of children, you represent that you have the legally required consents to the processing of the special categories of Personal Data listed in Article 9 of the GDPR, the Personal Data relating to criminal convictions and offences referred to in Article 10 of the GDPR and Personal Data of children, or you have other valid legal ground for such Personal Data processing and that you consider the security measures put in place by ClickMeeting as sufficient for the protection of the entrusted Personal Data.

5. How does ClickMeeting protect my Personal Data?

We have put appropriate and sufficient measures in place to ensure the security of your Personal Data. The Website uses encrypted data transmission (SSL, secure socket layer) during registration and logging in, which ensues the protection of any data that may identify you and makes it much harder to intercept the access to your Account by unauthorised systems or persons.

More about security.

6. Update of our Privacy Policy

We may amend and supplement the Privacy Policy from time to time as needed. We will inform you about any changes or supplements by posting relevant information on the Website, and in the case of major changes we may also send you a notice to your e-mail address or to your Account.

The Privacy Policy does not limit any rights you have under the Terms of Service and applicable laws.

VIII. Basic terms

Here are the basic terms that will help you better understand this Policy:

Any capitalised terms not defined above shall have the meanings as specified in the ClickMeeting Terms of Service.

Version: 2022-12-15

I. Registration and Use of the Service

In order to use the Service an individual account in the Service ("Account") must be created. The Account may be accessed only with the use of the user name and password ("Login Details"). You are responsible for maintaining the confidentiality of the Login Details and the Account. You are also responsible for any use of your Account, especially for any activity or omission of your Account users (“Multi-users”). Certain features of the Service enable you to specify the level at which the Service restricts access to the Account, the Conference(s) and Content. You are solely responsible for applying the appropriate level of access.

We also enable Users to create a free trial Account via certain third party services. We also reserve the right to reject your subscription for any reason, in particular if the Agreement has been previously terminated due to the User's breach of these Terms of Service.

On registration to the Service, you choose an Account type and a subscription plan (the latter does not apply to the subscription for a free version of the Service); you also agree:

• that you purchase access to the Service for purposes relating directly to your trade, business, or profession;
• to provide, maintain, and promptly update your personal and business details so that they are as current, complete, and accurate as possible;
• to comply with these Terms of Service, as well as the Privacy Policy;
• to comply with all laws applicable to you, including local laws and laws related to the use of electronic means of communication, protection of personal data, and recording of communications,
• to receive commercial information about ClickMeeting's products and services;
• to receive invoices by electronic means of communication – in the Billing History section in the Account.

Full access to the paid version of the Service is granted promptly after you have paid for your subscription in accordance with the chosen subscription plan.

You may integrate your Account with certain third-party services. Such third-party services are not rendered by ClickMeeting and are not necessary to use the Service. The use of third-party services may be subject to the terms of use established by such third parties. Upon successful integration with a third-party service you agree to the exchange of certain information and data (including confidential data) belonging to you or your Participants between ClickMeeting and a third party in order to enable you to take full advantage of the integration. All and any references and links to third-party services or websites, that appear on our websites are placed for your convenience only; we do not control or endorse any materials or information that are placed on third-party websites. You acknowledge that if you use any integration of your Account with any third-party services (including those listed in an appropriate ClickMeeting website tab or being a part of certain functionality of the Service) you are doing so at your own expense, risk and on your own responsibility. In particular, if during the use of the Service you present content from YouTube Platform or publish Content on that Platform using our integration with YouTube API Services, you are agreeing to be bound by YouTube Terms of Service (https://www.youtube.com/t/terms) and Privacy Policy (https://policies.google.com/privacy?hl=en).

From time to time ClickMeeting may offer access to beta version of new features, services and/or software prior to their general release (“beta version“). If you decide to use the beta version, you agree that:

• the beta version may contain bugs, errors and other defects, and the use of the beta version is at your sole risk;
• the beta version is available only for a limited time and to a limited extent and may be deactivated or modified at any time at ClickMeeting‘s sole discretion;
• ClickMeeting does not warrant that any feature, service or software made available as a beta version will be included in the Service, and ClickMeeting may resign from further development of any beta version at any time at its sole discretion;
• you are solely responsible for the consequences of using the beta version, in particular but not limited to the impact it may have on the Service settings, set up webinars, collected data and other information, etc. Please remember that once ClickMeeting deactivates the beta version, certain processes that took place with respect to the Service, set up webinars, collected data and other information may be irrecoverable, and ClickMeeting will bear no responsibility for consequences resulting therefrom;
• at the end of the testing period, the feature, service or software may be available subject to a separate fee, (e.g. as a paid add-on) or as a component of particular pricing options only.

II. Prohibited Practices

You are not allowed to use the Service in a manner that, intentionally or unintentionally, violates any applicable law, these Terms of Service, or any copyrights or any other rights of a third party or restricts or inhibits any other person from using or enjoying the Service or could expose ClickMeeting to harm or liability. This rule applies also to the Content Streamed through the Service. To see what practices we regard as particularly abusive or unlawful, please click here.

III. Content

You are solely responsible for the Conference Streaming, Conference subject, the behaviour of the Participant during Conferences, all Content, and for all activity with respect to your Account. Your responsibility extends to any links to other websites or resources or other third-party services that you use.

We do not verify, endorse, or claim ownership of any Content, and you retain all rights, titles, and interest in respect of your Content, with the exception of the materials which you take from our resources, in particular the collection of predesigned templates.

You are entitled to use materials that we render available to you solely to use the Service and add-ons for their intended purpose. Please note that our resources may include materials which are subject to third party’s copyright. You acknowledge and agree that we have the right at any time and at our sole discretion to remove such materials from our resources, disable access to such materials and/or demand that you immediately stop using them. If you do not satisfy our demand we will be entitled to delete such materials at our sole discretion, with no liability on our side. In aforementioned situations you will not be entitled to any reimbursement of any amount paid by you to us.

ClickMeeting declares that it does not monitor your and your Participants' activity occurring in connection with the Service. In the event that ClickMeeting becomes aware, however, of any possible violations of this Agreement, Terms of Service, or provisions of applicable law, ClickMeeting reserves the right to investigate such violations and may, at its sole discretion, immediately and without notice, suspend the Conference or access to the Account, terminate the Agreement, or block, change, alter, or remove Content, in whole or in part. In this case ClickMeeting shall not be liable for damages incurred by the User or Participants.

IV. Payments

The Service is provided on a prepaid basis. All fees for the Service shall be paid according to the subscription plan you have chosen and these Terms of Service.

If you have chosen payment card payment as your payment method, you agree to pay the subscription fee as a recurring payment, per the agreed subscription plan. The amount of the recurring payment is based on the current pricing, which is presented on the Service website. You have the right to revoke your consent for the recurring payments being charged to your payment card. Users who pay for the Service using American Express payment cards are required to comply with any reasonable instructions given to us by American Express Payment Services Limited.

We reserve the right to change the fees for the Service at any time, including changing from a free service to a paid service and charging for services that were previously offered free of charge; provided, however, that we will provide you with 30-day prior notice and an opportunity to terminate your Account if you do not accept the changes.

Unless otherwise provided for in the binding provisions of the applicable law, all amounts paid under the Agreement are non-refundable. Any excess payment, which is the difference between the down payment and the amount due to ClickMeeting, shall be credited towards future payments for the Service, save as otherwise stated in these Terms of Service.

The Service fees do not include any additional third-party costs including phone call or data transmission costs charged by phone operators and/or data transmission providers.

You acknowledge that the Conference phone numbers provided by ClickMeeting under the Service are not toll-free numbers. ClickMeeting does not charge any additional fees from the Participants; however, the Participant will be charged for the connection by their phone operator in accordance with their subscription plan, unless you have purchased a suitable number of toll-free minutes from ClickMeeting for use by your Participants.

In the case of payment card method of payment, additional features (add-ons) specified in the Account Panel may be offered to you (e.g. additional storage, additional storage for recordings, optional Presenter, optional Streaming). The fee for the add-on shall be charged as a recurring payment, on terms consistent with the main subscription subscription plan, unless otherwise decided upon purchase or such a settlement model is contrary to the nature of the add-on; upon payment for the add-on the specified amount shall be charged in the amount calculated in proportion to the number of remaining days of the current settlement period. Subsequent fees shall be charged in the full amount.

You are solely responsible for paying and remitting to the appropriate tax authorities all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency except those taxes based on ClickMeeting's net income. In the event you fail to satisfy your tax and/or duty obligations specified herein, you will reimburse ClickMeeting upon demand for any taxes and/or duties paid on your behalf. In all cases, you shall pay the amounts due under this Agreement to ClickMeeting in full without any right of set-off or deduction.

The invoice will be placed in the billing section of the Account Panel promptly after we have received the payment. For settlement purposes it is assumed that a month has 30 days and a year has 360 days.

We reserve the right to inform you via email about expiring subscription and the amount of fee that needs to be paid in order to renew the subscription. If you do not pay the fee on time to renew the subscription, your Account will change its status to expired for a period not exceeding 90 days ("Expired Account"). This means that the Account still has your Content saved, but the functionality of the Service has been blocked. If you still fail to pay the fee, it is deemed that you have resigned from the further subscription to the Service and the Agreement expires.

V. Technical Requirements

Use of the Service requires one or more compatible devices, Internet access, and software, and may require obtaining updates or upgrades from time to time. Minimum hardware and software requirements for the use of the the Service are specified on the Service’s website in the Help Center section. Such requirements may be subject to change each time ClickMeeting decides that they are out of date, or do not meet the latest security or market standards, or decides to introduce new technologies within the Service.

The media Streamed from a previously uploaded media file will work properly if you successfully uploaded the file in a recognizable format (information on acceptable file formats is available in Help Center section ). Upon uploading a file to the Account, its format may be adjusted to the requirements of the Service. Such an adjustment might influence the video quality or other file features - You expressly agree that the quality of motion pictures or Streamed media files might differ from the quality of the original files.

In the case of integration through API you are obliged to independently integrate your website with the Service via API that we render available to you. ClickMeeting does not perform integration, but only provides API to Users.

VI. Service Availability

The Service may not be available in all countries and it may be unavailable for use in any particular location.

ClickMeeting may, at its sole discretion and without liability, change, modify, vary, or replace the features and functionalities of the Service or any provided equipment or software used to deliver the Service provided that this does not have a material adverse effect on the Service.

ClickMeeting may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you. However, in the event of scheduled maintenance that would last for more than one day, ClickMeeting shall use reasonable efforts to give you at least one day's notice. Scheduled maintenance will be carried out with an aim of minimizing business interruption.

VII. Customer Service, Technical Support

We provide Users with Customer Support (Customer Success Team).

You may address all questions or doubts and report any complaints to the Customer Success Team using on-line chat or via our web form available under this address: https://clickmeeting.com/contact. You should provide us at least with the Account name and/or your name.

We shall ensure that the Customer Success Team responds within 2 business days and informs the User on the status of his case. For requests regarding data protection and information security we reserve the right to respond within 30 days of receiving such request. If we are unable to respond within 30 days, ClickMeeting will inform you of a possible estimated response time.

We do not take any action in relation to "anonymous" requests.

When reporting a question, defect or requesting technical support, you should be aware that the Content may be accessed and modified (if necessary) by a ClickMeeting Customer Support or IT staff member.

VIII. Data Protection

Detailed information regarding personal data protection and privacy is specified in the Privacy Policy, which constitutes an integral part of these Terms of Service.

You are solely responsible for notifying all Participants that personal data and information disclosed during the Conference can be transmitted to other Participants and third parties. You are obligated to inform the Participants that the use of the Service is subject to these Terms of Service and the Privacy Policy.

IX. Intellectual Property

The Service, software, hardware, and all content included on our website, such as text, graphics, logos, button icons, images, audio clips and video tutorials, product and brand names, are the property of ClickMeeting or its content suppliers and are protected by Polish, U.S., and European copyright laws.

ClickMeeting, ClickMeeting.com, ClickWebinar, ClickWebinar.com, (and other derivative domains) are trademarks and domains to which ClickMeeting has title in the Republic of Poland, the United States, the European Union, and other countries. Those trademarks may not be used in conjunction with other companies' products or services in any manner that may cause confusion among Users and potential Users, or in any manner that discredits ClickMeeting and/or its products and services.

Except as expressly allowed within the Service features, it is prohibited to delete, cover, change, or make impossible to read any trademark, copyright, or other proprietary notices associated within the Service software, application, the results of using that software, or in any content presented on the Service website. In particular, it is prohibited to remove or change the ClickMeeting logo from video files and images created using the Service.

Certain Service features may require downloading and installing ClickMeeting's application. In that event ClickMeeting allows you and/or the Participant to use such an application in accordance with these Terms of Service. You and the Participant may use such application only in connection with the use of the Service and cannot use the application for any other purpose and in any other manner than as intended by ClickMeeting.

ClickMeeting welcomes suggestions, ideas, comments, and/or feedback regarding all areas of Services and/or its websites, especially their beta versions (“Feedback”). We assume that Feedback provided to us is non-confidential and we are free to use such information on an unrestricted basis. The following terms shall apply to submissions of all Feedback: (i) upon submission to us ClickMeeting acquires all rights to all Feedback, without any compensation; (ii) ClickMeeting may freely and irrevocably use, disclose, reproduce, license, sublicense, distribute and otherwise commercially use the Feedback for any purpose without any territorial or time limitations, without royalty; (iii) ClickMeeting has no obligation to review or consider any submissions that include Feedback; (iv) ClickMeeting has no obligation to keep any submissions and/or Feedback confidential; and (v) it is not allowed to submit any Feedback to ClickMeeting that you have reason to believe is subject to any patent, copyright, or other intellectual property claim or right of any third party; or that is subject to license terms that seek to require any ClickMeeting product incorporating or derived from any Feedback, or other ClickMeeting intellectual property, to be licensed to or otherwise shared with any third party.

X. Disclaimer of Warranties, Limitation of Liabilities

THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN PARTICULAR, CLICKMEETING DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. CLICKMEETING ASSUMES NO RESPONSIBILITY FOR THE DELETION OF OR FAILURE TO STORE OR DELIVER THE CONTENT.

ClickMeeting exercises no control over and specifically denies any responsibility for the Content, accuracy, or quality of the Content and other information and/or data passing through its network or the Service provided, as well as for any messages received or transactions entered into through the Service.

To the greatest extent permitted by law neither ClickMeeting nor its agents, employees, directors, officers, or suppliers shall be liable for any indirect, special, incidental, or consequential loss or damage (even if ClickMeeting has been advised of the possibility of such a loss) or for loss of business revenue, loss of profits, loss of data, damage to reputation, pure financial loss or other commercial or economic loss or for any claim against the User by any third party resulting from or arising in any connection with the use, misuse, or inability to use the Service or from unauthorized access to or alteration of transmission or Content.

ClickMeeting's total liability, regardless of the number and legal basis of the User's or third party's claims, including those resulting from the Data Processing Agreement concluded with the User, shall be limited to the total amount paid by the User for the Service during the 12 (twelve) months immediately preceding the date on which the event causing damage occurred. In the case of Users using only the free version of the Service, the total limit of ClickMeeting's liability corresponds to the equivalent of twelve times the monthly net price of the cheapest type of paid Account offered by ClickMeeting on the date such User creates an Account. The User hereby releases ClickMeeting from any liability exceeding the limits provided for in this Chapter.

The limitations, exclusions, and disclaimers in this Agreement shall apply irrespective of the nature of the cause of action, demand, or claim by the User or a third party, including, without limitation, breach of contract, negligence, tort, strict liability, or any other legal theory and shall survive a fundamental breach of this Agreement.

ClickMeeting is not liable for damages resulting from:

• any delay or failure in performance due to Force Majeure (the Force Majeure shall be deemed as an exceptional occurrence, caused by an external factor which cannot be foreseen and which could not be prevented. Force Majeure occurrences include in particular: war, natural disasters, strikes, breakdowns, distributed denial of service (DDoS) attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, change of the applicable law, or activities of entities that affect the provision of the Service and whose activity is independent of ClickMeeting);
• actions and omissions of third parties (including the User and Participants), especially in connection with the use of the Account by the third parties taking the advantage of Login Details obtained from the User or in other circumstances beyond ClickMeeting's reasonable control;
• failure of external conditions and networks which are necessary for use of the Service and are beyond ClickMeeting's reasonable control;
• incorrect or false data provided by the User during the registration process.
• breach of these Terms of Service by the User.

The User agrees unconditionally to indemnify and hold harmless ClickMeeting and its officers, directors, employees, and agents from and against all claims, proceedings, liabilities, actions, damages, and costs (including reasonable attorney fees) arising from or related to (i) the misuse of the Service or any part of it by the User or other persons for whom he/she is responsible, (ii) violation of these Terms of Service or applicable laws by the User, Participants, or a person accessing the Account, (iii) the User's or Participants' Content and activity.

XI. Term and Termination / Account Cancellation / Subscription Freezing

The term of this Agreement commences on the date of subscription to the Service by the User. Unless terminated earlier in accordance with the provisions of these Terms of Service, the Agreement shall continue for the term resulting from the subscription plan chosen by the User and automatically renew for consecutive terms.

You may suspend (freeze) your Account subscription for a maximum period of 90 (ninety) days (but not beyond the expiration date of your payment card) starting from the first day of the next subscription period for which the fees have yet not been charged (i.e. if you have paid your subscription for another 15 days, the "frozen" status will commence from day 16). During the suspension period:

• ClickMeeting will not charge any fees for providing the Service;
• all Conference data, the Content, email messages, recordings, statistics, the User's and Participants' data will be retained within the Service;
• your unique meeting URL will be retained.

You can unfreeze your Account by clicking the "Unfreeze" link in your Account Panel. The Account will be unfrozen automatically 90 days after suspension unless the User does so himself/herself earlier. The fees shall be charged upon the resumption of the Account in accordance with the previously chosen subscription plan. If you do not unfreeze and pay for the Account during the above term or it proves impossible to charge the applicable fees, your Account will change its status into Expired Account with all the consequences connected with such change.

You may cancel your Service subscription at any time, and you will continue to have access to the Service through the end of your subscription period; your Account will be automatically closed at the end of that period. Account closure is considered the Agreement expiration. To cancel, please follow the instructions provided on this web page; email or telephone cancellation is not sufficient to cancel the subscription. In the case of frozen Accounts, Accounts ordered via ClickMeeting consultants, as well as when encountering any problems with cancellation, please contact our Customer Success Team. The cancellation process is completed once the User receives an email confirmation.

Upon Agreement termination (irrespective of the basis of and reasons for the termination) or expiration, the User loses access to the Account and all the Content and data stored within the Account. The User is entitled to resume the Account (together with all Conference data, the Content, email messages, statistics, the User's and Participants' data) within a period of 30 days from the date on which the Account was closed or the Service (Agreement) was terminated or its term expired (in the case of Expired Accounts it is 90 days from expiration of the renewal date of the Service subscription). The User must contact the Customer Success Team to resume the Account. To resume, the User must also pay the applicable fees for the subsequent subscription period. ClickMeeting reserves the right to refuse Account resumption without stating any reasons (particularly if ClickMeeting has previously terminated the Agreement or suspended the Service). In the event that the Account is not resumed during the above periods (30 or 90 days), the Account and all data stored within the Account (including Content, email messages and statistics, recordings, and other Conference data) will be permanently deleted.

We reserve the right to terminate the Agreement or suspend the Service with immediate effect and to refuse any and all current or future use of the Service in the event that we are ordered to do so by any court or other public authority or if you violate material obligations resulting from these Terms of Service or applicable legal provisions. To see what activities we particularly regard as violations of our Terms of Service, please click here.

Unless otherwise provided in the binding provisions of law or these Terms of Service, you shall not be entitled to any partial or total reimbursement or cancellation of any fees or payments already paid or which are due in accordance with Section IV of these Terms of Service. You are also required to pay all fees that accrue until the termination or expiration date irrespective of whether you will be actively using the Service until such date.

We reserve the right to terminate the Agreement at any time without cause, with immediate effect, without incurring any liability in this respect, except that we will refund a pro rata portion of any prepaid amounts for the subscription to the Service.

XII Final Provisions

If any provision of these Terms of Service is held invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

ClickMeeting reserves the right to change these Terms of Service, the pricing and the Privacy Policy at any time by posting the revised document on the Service website, within the Account Panel and/or by sending an email to the last email address you have given to ClickMeeting. These Terms of Service shall be effective immediately with respect to any continued or new use of the Service, unless you terminate these Terms of Service within the next 10 (ten) days.

We may assign our rights and delegate our obligations in whole or in part to an affiliate or subcontractor without your consent. Other than the above, neither party may assign or delegate this Agreement without the other party’s prior consent.

These Terms of Service shall be interpreted and construed in accordance with, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction. The Polish court (with the venue of ClickMeeting' registered office) shall be the governing jurisdiction.

The content of these Terms of Service may be saved by printing, saving on a carrier or downloading at any time from the Service website (default address of the most current version: www.clickmeeting.com/legal).

The Terms of Service in this version are valid from 2022-12-15.

I. General

By signing up to be an affiliate in the ClickMeeting Affiliate Program ("Program") you agree to be bound by the following terms and conditions ("Terms"). Please ensure that you read them carefully before signing up. These Terms are a legal agreement ("Agreement") between GetResponse Services Inc. with registered office address at 1011 Centre Road, Suite 322, Wilmington, DE 19805, USA ("Company", "we", "us") and You ("Affiliate", "you").

The term Affiliate does not imply any formal association with the Company.
By this Agreement, the Affiliate is granted a non-exclusive, revocable right to market and advertise ClickMeeting and ClickWebinar Services ("Service") and the Program.

We will reward Affiliates for expanding our customer base and acquiring for us new customers through Affiliates' own marketing efforts. We will pay to Affiliates commissions on sales of the Service to new customers who were referred to us directly by Affiliates pursuant to the terms and conditions of this document ("Commission").

II. Participation in Program

1. To enroll in the Program, the Affiliate must fill out the registration form with current, complete, and accurate information. If the form is filled out correctly, an account within the Affiliate Panel is created for the Affiliate and Affiliate becomes a participant of the Program. Providing false information in the registration form will result in immediate termination from the Program and forfeiture of all outstanding Commissions.
2. The Company reserves, at its sole discretion, the right to refuse to anyone participation in the Program at any time. The Company also reserves the right to refuse Affiliates from certain countries that have a track record of originating credit card fraud.
3. Upon registration, the Company assigns affiliate referral links which redirect to the Company’s website. Referral links contain a unique affiliate login assigned to the Affiliate. This information is saved on the computer of the visitor, who enters the Company’s website through the referral link, in the form of a cookie.
4. The sale of the Service that forms the basis for Commission calculation is tracked through the use of cookies. In some cases, it will not be possible to track traffic from the Affiliate's website to the Company’s website, because the visitor is using cookie-blocking software. The Company is only responsible for paying Commissions on sales that can be tracked back to the Affiliate using the technology in use by the Company.


III. Company Obligations

1. The Company agrees:
   1. to pay Commissions on sales of the Service referred directly by the Affiliate in accordance with the provisions of these Terms;
   2. to grant the Affiliate access to an Affiliate account - login and password protected area within the Affiliate Panel where the Affiliate can look up their affiliate URLs, information about referred sales and commissions;
   3. at its sole discretion and choice, to grant the Affiliate access to materials containing Company logos, and/or other promotion materials ("marketing materials"), however, this shall not create any obligation to deliver such materials to the Affiliate.

IV. Affiliate Obligations


1. The Affiliate agrees:
   1. to receive commercial information about the Company, the Program and the Service;
   2. that participation in the Program is at their sole risk;
   3. that trademarks and materials provided by the Company, in particular but not limited to the marketing materials, are the property of the Company and may be used by the Affiliate for promotion of the Service under the Program only according to the instructions of the Company; the instructions are placed on the Affiliate Panel;
   4. to be responsible for all taxes and other similar levies applicable to the Commissions pursuant to any law or regulation; in particular the Affiliate shall report Commissions to their tax authorities as required by applicable law;
   5. to provide the Company with current, full and accurate details or documents within two (2) days from the initial request, should the Company be responsible for provision of such documents or details under any tax law or regulation. In particular, if the Affiliate is a U.S. resident or organization, the Company may require tax ID, or Social Security number in case of individuals, as well as tax registration name and a tax classification.
2. The Affiliate should strictly adhere to all applicable laws, regulations and good industry practice, as well as these Terms, in conducting their business, in particular in marketing and advertising the Service and the Program. To see what practices we regard as particularly abusive or illegal, please click here.

   The Affiliate shall not (i) associate any content made available on the Affiliate Panel and Affiliate’s website, in particular the marketing materials or (ii) offer to provide any goods or services, or (iii) engage in business practices that:

   1. are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another person's privacy, tortuous, or otherwise violate Company's rules or policies,
   2. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability,
   3. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting pictures, logos, software, articles, musical works and videos
   4. contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party
   5. impersonate any person or entity, including any of our employees or representatives
   6. otherwise violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, anti discrimination or false advertising
   7. offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice,
   8. are associated with any form of gambling or lottery type services
   9. are associated with any form of racism, hatred, profanity, mail fraud, adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites, or any material which may be insulting to another person or entity,
   10. are associated with the sale of any controlled drug that requires a prescription from a licensed practitioner; or any over-the-counter drug, or nonprescription drugs
   11. are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters
   12. are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons
   13. market for:
       1. nicotine, nicotine services, services imitating nicotine services, symbols relating to smoking or nicotine
       2. alcohol of any kind
       3. drugs of any kind, services relating to drugs, symbols relating to drugs, the use of drugs of any kind
       4. medical services, medical aid, medical assistance, medicines
       5. video lotteries, cylindrical games, card games, dicing, and automated games
       6. call on minors directly to purchase Company services
       7. encourage minors to influence their parents or other persons with an aim of impelling them to buy Company services
       8. take advantage of minors' trust upon their parents, teachers or other persons
       9. unreasonably show minors in dangerous situations, or
   14. are intended to affect to subconscious of a recipient.
3. The Affiliate shall market and advertise the Program and the Service diligently and in goodwill, and shall develop, operate and maintain their website and referral links, at their sole expense and risk.
In particular, the Affiliate shall be solely responsible for all materials that appear on their website. The Company shall have the right to approve or decline the graphics, logos, banners and other materials used by the Affiliate in relation to the referral link to the Company’s website and to make suggestions related to those issues to the Affiliate. 
The Affiliate agrees to conform to the suggestions made by the Company, in particular the Affiliate is obliged to make changes to their website and other marketing materials used to promote the Service.
4. Promoting the Service and/or the Program via Google Adwords or through other search engine service providers is strictly prohibited. Should the Affiliate wish to use Google Adwords or other search engine services, he/she is required to receive a prior permission from the Company.
5. The Affiliate shall not send unsolicited e-mail and shall not send e-mail nor any other communication to a recipient if the recipient has not expressed their prior consent thereto.
6. The Affiliate shall not attempt to register any trademarks, service marks, logos, brand names, trade names, domain names, email addresses and/or slogans similar confusingly similar to the ones to which the Company is entitled, especially with the use of the word GetResponse, ClickMeeting or ClickWebinar. Should the Affiliate obtain any right, title or interest in the aforementioned trademarks (or intellectual property confusingly similar to them), the Affiliate is obliged upon first demand of the Company to transfer all title, right and interest of said intellectual property to the Company. The Affiliate shall be responsible for any costs associated with enforcing the trademark (or other intellectual property) and/or getting the domain transfered to the Company.

V. Affiliate Commissions


1. The Affiliate will receive a Commission for each complete purchase of the Service made in the Agreement term by the customer referred by the Affiliate. This means that the Affiliate will receive the Commission upon accepted payment if the customer was referred through the Affiliate’s referral link and the customer's software allowed Company to save such a referral cookie. The Affiliate is not entitled to the Commission for the purchases of the Service through their own referral link - this means that the Affiliate will not receive the Commission for the purchase of the Service made by the Affiliate himself/herself, their corporation, employer or the like or any other entity which controls, is controlled by or is under common control with, the Affiliate.  This includes also any purchases made not under Affiliate’s name but with the use of Affiliate’s payment medium (e.g. credit card, check, bank account)
2. If a new customer referred by the Affiliate purchases the Service, the Affiliate will receive a residual Commission calculated as a percentage of the amount paid to the Company for the Service by the referred customer. In such case the Commission rate is 30%.
3. Where the customer referred by the Affiliate has paid for the Service in other currency than the one used for settlement purposes with the Affiliate, we will convert and credit the associated Commission in the relevant currency using the published Wall Street Journal index at the time of payment.
4. A summary of purchases of the Service and statement of referral Commission is available to the Affiliate by logging into their Affiliate account.
5. The Company reserves the right to grant discount for the Service to chosen customers. Commissions reflect a percentage, not a particular amount, therefore it is possible that the Commission on the sale of the same Service may be different every month.
6. Commissions are calculated on the last day of each month and are paid out only when the accrued Commissions exceed either USD 50, EUR 50, GBP 50 or PLN 150 (depending on the Affiliate’s domicile/residence). If on the last day of the month the balance owing in the account is less than the aforesaid limit, the Commission will be accumulated in the account. Commissions are credited to your Affiliate account once the customer pays for the Service. Commissions are only earned if a customer makes a payment in full.
7. Accrued Commissions are paid in the form of USD check, ACH, Eurotransfer or via other payment method if agreed individually with the Company. Affiliate checks are mailed via regular mail to the address provided upon registration, on or around the 20th of every subsequent month. The Commission paid by ACH and Eurotransfer is effected on the same date as in case of checks.
8. Based on internal risk analysis, the Company reserves the right to withhold first time payments and any other payments originating from an account where there is suspected fraud activity - for a period of up to 3 months and in cases the Affiliate violates any of the provisions of these Terms – all Commissions accrued and not paid out for as long as the Affiliate is in breach.
The Company reserves also the right to disqualify Commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
9. To ensure proper Commission payment, the Affiliate is solely responsible for providing and maintaining accurate contact details including address, as well as payment information associated with the Affiliate’s account. If you are a US taxpayer, you should include without limitation a valid tax identification number and Form W-9. If you are a non-US taxpayer, you should provide the Company without limitation with either a signed certification that you do not have US Activities, or a completed Form W-8 or other form, which may require a valid US tax identification number, as required by the US tax authorities. No Commission payment shall be made unless the Affiliate provides the Company with accurate and complete contact and tax details.
10. The Affiliate acknowledges and agrees that all the sums of Commissions payable under the Program are calculated jointly for the purpose of fulfillment of tax obligations.
11. The Company reserves the right to change the Commission rate and Service prices at any time. Any Commissions accrued after such a change will be at the new rate. 


VI. Refunds/Chargebacks/Fraud


1. Any customer refunds, reversals or credit card chargebacks owed by the Company to the referred customer will result in the appropriate Commission amount being deducted from the Affiliate's account balance ("Deducted Commission"). If the Commission from that sale has already been paid to the Affiliate, the amount will be deducted from future payments of the Commissions. If the Commission owed to the Affiliate in the next month is not sufficient to satisfy the Deducted Commission, GetResponse may invoicethe Affiliate will be invoiced for the payment of the remaining debt immediately and the Affiliate is obligated to pay it within the payment date provided in the invoice.
2. The Company reserves the right to terminate the Agreement with immediate effect in the event of not receiving the remaining debt within the payment date provided in the invoice referred to in s. 1 above.

3. Any fraudulent activity that can be traced directly to the Affiliate's actions will cause immediate termination and forfeiture of any Commission earned.
4. If an account of customer referred by Affiliate is terminated due to practices or actions that GetResponse considers to be abusive, prohibited or that violate GetResponse Terms of Service in other ways, GetResponse reserves the right, at its sole discretion, to withhold or forfeit one or all Commissions earned (regardless of whether paid or outstanding) for referring the terminated customer. If the number of terminated customer accounts referred by Affiliate is abnormal or GetResponse may reasonably suspect that it is a part of fraudulent activity, GetResponse shall have the right, at its sole discretion, to forfeit not only Commissions earned for referring terminated customers, but all Commissions earned (regardless of whether paid or outstanding) by Affiliate during the term of Agreement. As regards settlement rules section 1 and 2 above shall apply accordingly, i.e. GetResponse is entitled in particular to deduct relevant amounts of forfeited Commissions from future payments due to Affiliate and if the Commission owed in the next month is not sufficient, GetResponse may invoice the Affiliate for payment of remaining debt.

VII. Limitation of liability

1. To the maximum extent permitted by law, the Company, its employees, directors, officers or representatives shall not be liable for any direct, indirect, punitive, special or consequential damage or loss (even if the Company has been advised of the possibility of such damage), howsoever caused and irrespective of the nature of the cause of action, demand or claim by the Affiliate. The Company’s entire liability, regardless of the form and cause of action, in any event is limited to the aggregate amount paid by the Company to the Affiliate in one month immediately preceding the date the Affiliate notifies the Company of such a claim, or in the aggregate, in respect of all claims under or related to the Program. The Affiliate hereby releases the Company, its employees, directors, officers and representatives from any and all obligations, liabilities and claims in excess of the aforementioned limitation.
2. Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfill obligations. By Force Majeure the Parties understand as an exceptional occurrence, caused by an external factor which cannot be foreseen and which could not be prevented. Force Majeure occurrences include in particular: war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, activities of entities that affect the provision of the Service or Company’s websites, and whose activity is independent of the Parties. The Company shall not be liable for any claim, loss or damage if, for any reason whatsoever, its website fails or is non-operational
3. You agree to indemnify and hold the Company, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages, expenses, including but not limited to attorney fees basing or arising from your failure (or any individual using your username details) to comply with your obligations under these Terms or violation of any law, or violation of the rights of any third party. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.
4. The Company shall not be responsible if a referred sale goes unregistered for any reason.

5. The Company shall not be responsible for any intermediary charges, transaction fees and other costs or expenses accrued by the Affiliate in connection with the Program.
6. If you provide to us incorrect details (name, address etc.) and as a result we will have to undertake additional actions of any kind regarding payment, in particular void a check and issue and send you another one, you will be obliged reimburse us the costs and expenses, including additional fees and penalties imposed by a relevant bank, resulting from such actions. We reserve the right to refuse to undertake additional actions regarding payment, in particular to refuse to issue another check, if you submit a relevant request after 12 months as of making payment, e.g. issuing check, or if you failed to inform us about problems with payment within the above period, or if we have reasonable grounds to suspect a fraudulent activity.

VIII. Term and Termination

1. This Agreement shall be effective as and from the date of execution until and unless cancelled by either party.
2. The Company has right to terminate this Agreement effective immediately upon delivery of such a notification to the Affiliate either to his email address or upon posting a relevant information in the Affiliate account.
3. The Affiliate has the right to terminate this Agreement with immediate effect upon notification delivered to the Company via the web-form available in the Affiliate account.
4. The Company reserves the right to terminate the Agreement with the Affiliate immediately and without notice and forfeit all outstanding Commissions if the Affiliate violates any provision of these Terms, in particular if the Affiliate:
   1. undertook any activity considered abusive practice as per clause IV s. 2 hereof,
   2. sent unsolicited email or engage in any other communication to a recipient if the recipient has requested discontinuance of such communication,
   3. promoted the Service or the Program via Google Adwords or other search engine provider without prior written consent of the Company,
   4. misrepresented the Company, the Program or the Service in any way,
   5. registered or used a domain, email address or trademark with any trademark (service mark) owned by the Company or confusingly similar to the Company’s trademark or domain names; used or permitted or accepted the use by a third party of any name, or trademark, or service mark belonging to the Company, or any marketing material provided on the Affiliates Panel, Company’s website, themselves or by any third party in a manner that would lead a reasonable person to believe that the name or trademark or service mark or content is a property of the Affiliate or such a third party,
   6. provided false, invalid, inaccurate information in the registration process and/or not updating or supplementing it when necessary,
   7. artificially inflated (or attempted to inflate) the Commissions.

5. The Company has the right to terminate the Agreement with immediate effect and shut down the Affiliate account if the Affiliate account is not used for six months and the Affiliate does not generate any Commissions.
6. Save as otherwise stated in these Terms, if the Agreement is terminated by either Party, the Affiliate shall be entitled only to Commissions accrued as of effective termination date on condition that the Affiliate submits a relevant request within 30 days from the termination date. After the expiry of such period it is deemed that the Affiliate waived their right to the Commission accrued.

IX. Final provisions

1. The illegality, invalidity or unenforceability of any provision of these Terms shall not affect the legality, validity and enforceability of any other provisions hereof.
It is also understood and agreed by the parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having jurisdiction, such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent.

2. The Company reserves the right to modify, add or delete any documents, information, graphics, marketing materials or other content appearing on or in connection with the Program or Company’s website, including these Terms, at any time without prior notice. The changed Terms shall be posted on the Affiliate account and become effective immediately with respect to any continued or new Program participants, unless the Affiliate terminates these Terms within the next 10 (ten) days.
3. The Affiliate shall address any inquiries or complaints regarding company’s performance of this Agreement via the web-form available in the Affiliate account.