Regulations of the “Your Friends at Astek Polska” Programme

Read the regulations of the “Your friends at Astek Polska” programme and recommend us an IT expert!

§1 Definitions

1. Organiser – Astek Polska Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (postal code: 00-133) at Al. Jana Pawła II 22, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number 0000271963, NIP (Tax Identification Number) 521- 342-02-14, with share capital of PLN 50,000.00

2. Regulations – these Regulations “YOUR FRIENDS AT ASTEK POLSKA”

3. Programme Participant – a natural person with full legal capacity who will send Recommendations to the Organiser, excluding entities with legal personality and entrepreneurs conducting business activities who provide professional recruitment services, as well as employees and associates of the Organiser and companies related by capital or personally to the Organiser, in particular being a parent company or a related company within the meaning of 4 of the Commercial Companies Code in relation to the Organiser, who are an Office Employee.

4. Recommendation – submitting the Candidate’s CV with contact details by the Programme Participant in response to the Organiser’s announcement.

5. Programme – the “YOUR FRIENDS AT ASTEK POLSKA” programme described in these Regulations.

6. Bonus – the amount paid in accordance with these Regulations.

7. Candidate – a natural person meeting the formal requirements indicated in the job advertisement, working or providing services in the area of IT, Telco and Engineering (does not include employees and associates to the internal structure of the Organiser), who has not previously been registered in the Organiser’s database and in the database of companies related by capital or personally to the Organiser, in particular being the parent company or a related company within the meaning of Art. 4 of the Commercial Companies Code in relation to the Organiser, who is a friend or family member of the Programme Participant.

8. Database – internal contact database of the Organiser and companies related by capital or personally to the Organiser, in particular being a parent company or a related company within the meaning of Art. 4 of the Commercial Companies Code in relation to the Organiser.

9. Organiser’s School – a training group run by the Organiser aimed at teaching industry skills.

10. Competence Centre – a team of natural persons who are employees or partners of the Organiser on the basis of contracts or agreements other than an employment contract, in particular civil law contracts having specialist knowledge in a given field.

11. Head of the Competence Centre – natural persons who are employees or partners of the Organiser based on contracts or agreements other than an employment contract, in particular civil law contracts, responsible for managing or co-managing, the Competence Centres concerned including members of ASMO (Astek Service Management Organization).

12. Office employee – natural persons who are employees or partners of the Organiser or a company related by capital or personally to the Organiser, in particular being a parent company or a related company within the meaning of Art. 4 of the Commercial Companies Code in relation to the Organiser on the basis of contracts or agreements other than an employment contract, in particular civil law contracts, working in the internal structure of the Organiser, in particular following departments: Talent Acquisition, Sales, Administrative, Legal, Marketing, or Financial.

§2 GENERAL PROVISIONS

1. Participation in the Programme is voluntary and free.

2. The Organiser declares that the Programme is not a game of chance, raffle lottery, mutual bet, a game whose outcome is random, or any other form provided for in the Act of 19 November 2009 on gambling (Journal of Laws of 2009 No. 09, item 1540, as amended).

3. In order to participate in the “Your friends at Astek Polska” programme, you must recommend a candidate to the Organiser by submitting his or her CV, obtained from the candidate containing statement included in the CV by the candidate, provided he or she expresses consent voluntarily:

  • “I agree to the processing of my personal data by Astek Polska sp. z o.o. for the purposes of conducting the recruitment process as part of the “Your Friends at Astek Polska” programme.

4. The Programme Participant is obliged to keep the Candidate’s personal data contained in the form and in the Candidate’s resume confidential indefinitely, especially during the recruitment process.

5. If several Programme Participants submit the same Candidate’s CV, the bonus will be granted to the person who sent the Candidate’s CV first.

6. The recommendation is valid for six (6) months from the date of submitting the CV. If the recommended Candidate is hired after this period, the bonus for the Recommendation will not be due and will not be granted.

7. The bonus is granted and paid out in accordance with the conditions specified in §5 of these Regulations.

8. These Regulations do not apply to the recommendations of Candidates for the Organiser’s School and companies related by capital or personally to the Organiser, in particular being a parent company or a related company within the meaning of Art. 4 of the Commercial Companies Code in relation to the Organiser.

9. Pursuant to these Regulations, a candidate may not be a natural person who is taking part or has ever participated in the training programs held by the Organiser’s Schools or who is already included in the database of the Organiser or companies related by capital or personally to the Organiser, in particular being a parent company or a related company within the meaning of Art. 4 of the Commercial Companies Code in relation to the Organiser.

10. The bonus provided for in the Regulations may not be granted to Heads of Competence Centres or Office Employees. These Regulations don’t apply to these persons and they may not participate in the Programme.

§3 PARTICIPANTS

1. A Programme Participant may participate in the programme regardless of whether he or she has previously participated in the recruitment process at the Organiser’s.

2. By participating in this Programme, the Participant accepts the terms of these Regulations.

3. The Programme Participant cannot recommend him or herself.

§4 RECOMMENDATIONS
  1. To participate in the program, the Candidate’s CV must be submitted in compliance with the assumptions outlined in the Regulations to the following email address: [email protected] or via the “Your Friends at ASTEK Polska” form available on the astek.pl website.

  2. One program participant may recommend an unlimited number of Candidates, provided that each Recommendation concerns a different Candidate.

  3. The Candidate must be considered in recruitment processes within the IT, Telco, and Engineering sectors conducted by the Organizer.

  4. Upon receiving the Candidate’s CV, a member of the Organizer’s Talent Acquisition Department will analyze the submitted CV to verify its compliance with the Regulations. They will then contact selected Candidates who meet the conditions specified in the Regulations to confirm the recommendation of their candidacy, education, and IT/Telco/Engineering experience. If the Candidate is unaware that their CV has been submitted by the Program Participant, the bonus will not be granted.

  5. During the first contact, the Talent Acquisition employee fulfills the Organizer’s information obligation by sending Attachment 1 – Information Obligation to the email address provided by the Candidate.

  6. The Program Participant may withdraw their Recommendation, which means resigning from participation in the Program. A statement of withdrawal must be sent to the following email address: [email protected].

  7.  
§5 BONUSES
  1. If a Candidate is hired or begins providing services, the Program Participant may receive one of the following Bonuses:

    1.1. 7,000 PLN – for hiring or initiating cooperation with a Candidate who has more than 5 years of relevant commercial technical experience required for the position.

    1.2. 2,000 PLN – for hiring or initiating cooperation with a Candidate who has between 2 and 5 years of relevant commercial technical experience required for the position.

    1.3. 1,000 PLN – for hiring or initiating cooperation with a Candidate who has between 6 months and 2 years of experience.

    1.4. A Bonus in an amount individually determined by the Organizer for a Recommendation, with the specific amount stated by the Organizer at the time of publishing the job advertisement subject to the Recommendation.

The Organizer reserves the right to verify the actual skills of the Candidate and classify them into the appropriate experience group based on their actual knowledge and skills as assessed during technical evaluations.

  1. The Recommendation Bonus will be awarded to the Program Participant who submitted a Recommendation that meets the criteria set forth in these Regulations, provided that the Candidate has started working or providing services for the Organizer. The Bonus will not be paid if the Program Participant violates any provision of the Regulations.

  2. The Bonus will be paid in two equal installments – the first half in the second month of the Candidate’s employment/cooperation with the Organizer, and the second half in the fourth month of employment/cooperation.

  3. The decision to grant the Bonus will be communicated by the Organizer’s Talent Acquisition Department, which will contact the Program Participant via the phone number or email address provided when submitting the Recommendation.

  4. The Bonus will be paid based on one of the following, as determined by the Organizer:

    • A contract for a specific task or a service agreement prepared by the Organizer, or

    • An invoice issued by the Recommender with a payment term of no less than 21 days, in the case of individuals conducting business activities.

  5. If the Organizer requires additional information from the Program Participant to prepare the contract mentioned in §5, section 5 of the Regulations, a representative from the Talent Acquisition Department will promptly contact the Program Participant to obtain such data. If the Program Participant fails to provide the necessary information, the Organizer may withhold the Bonus payment.

  6. After the Program Participant signs the contract mentioned in §5, section 5 of the Regulations, the Bonus payment will be made in accordance with the provisions of the Regulations.

§6 PERSONAL DATA
    • The Data Controller for the personal data of Program Participants is Astek Polska sp. z o.o., headquartered at Al. Jana Pawła II 22, 00-133 Warsaw, KRS 0000271963 (“Administrator”).

    • The Administrator has appointed a Data Protection Officer, who can be contacted via email at [email protected] or by mail at Astek Polska sp. z o.o., Al. Jana Pawła II 22, 00-133 Warsaw.

    • The Administrator processes the personal data of Program Participants:

      a) To conclude and perform a contract with the Program Participant (Article 6(1)(b) of the GDPR), particularly for the payment of the awarded bonus.

      b) To pursue the Administrator’s legitimate interests (Article 6(1)(f) of the GDPR), such as creating reports, analyses, statistics, and ensuring security.

    • The recipients of Program Participants’ data may include service providers related to the Program’s implementation, IT system providers, advisory and consulting firms, research agencies, banks processing bonus payments, etc.

    • The Administrator will retain Program Participants’ data for as long as necessary to fulfill the purposes for which the data was collected or processed. The data will also be stored as required by legal and archival regulations. Data will be deleted after the expiration of the statute of limitations for claims arising from participation in the Program.

    • Program Participants have the right to:

      a) Access their personal data, including obtaining a copy of the data.
      b) Request rectification of personal data if it is incorrect or incomplete.
      c) Request deletion of personal data (“right to be forgotten”) if:

      • The data is no longer necessary for the purposes it was collected or processed.

      • The Program Participant objects to the processing.

      • The Program Participant withdraws consent, and there is no other legal basis for processing.

      • The data is being processed unlawfully.

      • Deletion is required to comply with legal obligations.
        d) Request restriction of data processing if:

      • The accuracy of the data is contested by the Program Participant.

      • Processing is unlawful, but the Participant opposes deletion and requests restriction instead.

      • The Administrator no longer needs the data, but the Participant requires it to establish, defend, or pursue claims.

      • The Participant objects to processing until it is determined whether the Administrator’s legitimate grounds override the objection.
        e) Request data portability, if:

      • Processing is based on a contract or the Participant’s consent.

      • Processing is carried out automatically.
        f) Object to data processing, including profiling, if:

      • There are reasons related to the Participant’s specific situation.

      • The processing is based on the necessity to achieve the Administrator’s legitimate interests.
        g) Lodge a complaint with the supervisory authority (President of the Personal Data Protection Office) if the Participant believes that the Administrator’s data processing violates GDPR regulations.

§7 FINAL PROVISIONS
  1. The Program Regulations are available on the website astek.pl. Participation in the Program requires familiarization with the Regulations and submitting a declaration confirming that the Participant has read and understood them.

  2. The Program, under these Regulations, takes effect from March 20, 2023, and applies to ongoing recommendation and bonus payment processes that were not completed before the effective date of these Regulations.

  3. The Program has no time limit. However, the Organizer reserves the right to terminate it at any time. In such a case, neither Program Participants nor Candidates may assert any claims against the Organizer due to the decision to end the Program.

  4. These Regulations, upon their effective date, repeal and replace all previous versions of the “Your Friends at ASTEK Polska” Program Regulations, which will no longer be in force.

  5. Program Participants may report any irregularities via email to [email protected]. The Organizer will review and respond to the report within 14 days from the date of receipt.

  6. The Organizer has the right to modify the Program’s terms, including its duration and the bonus payment method.

  7. In unregulated or disputed matters, the Organizer has the final decision-making authority.

Information obligation
  1. 1. The Controller of personal data is Astek Polska sp. z o.o. with its registered office in Warsaw,
    Al. Jana Pawła II 22, 00-133 Warszawa, Poland, under KRS no. 0000271963 (hereinafter referred to as
    the “Controller”).

    2. The Controller has appointed a Data Protection Officer, who can be contacted via email address:
    [email protected] or by correspondence to the address: Astek Polska sp. z o.o., Al. Jana Pawła II 22, 00-133 Warszawa.

    3. Candidates’ personal data are processed:
    a) For the purpose of the recruitment process within the framework of the “Your Friends in
    Astek Polska” programme in accordance with Article 6(1)(a) of the GDPR/RODO;
    b) For the purpose of settlement with the Programme Participant in accordance with Article
    6(1)(f) of the GDPR/RODO, i.e. the legitimate interest of the data controller.

    4. The recipients of the Candidates’ data may be, e.g. suppliers of services related to the
    implementation of the Programme, entities operating the Administrator’s ICT systems or providing
    the Administrator with ICT tools, entities providing advisory or consulting services to the
    Controller, research agencies, a bank executing a bonus payment order, etc.;

    5. The Controller will keep the Candidates’ 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 ensure compliance with the applicable legal requirement or to the extent that this is advisable
    under the applicable archiving legislation. The data will be deleted after the expiry of the limitation
    period for claims arising from a Programme Participant’s participation in the Programme.

    6. The Candidates has the right to:
    a) access to the content of personal data, including the right to obtain a copy of that data;
    b) request the rectification (amendment) of personal data if the data are incorrect or incomplete;
    c) request the deletion of personal data (the so-called “right to be forgotten”) – in case: (i) the
    data are no longer necessary for the purposes for which they were collected or otherwise
    processed; (ii) the Programme Participant has objected to the processing of the data; (iii) the
    Programme Participant has withdrawn the consent on which the processing is based and there is no other legal basis for the processing; (iv) the data are processed unlawfully; (v) the data
    must be deleted in order to comply with a legal obligation;
    d) request a restriction of the processing of personal data in case: (i) the Programme Participant
    disputes the accuracy of the personal data; (ii) the processing of the data is unlawful and the
    Programme Participant objects to the deletion of the data, requesting instead the restriction
    of the processing; (iii) the Controller no longer needs the Programme Participant’s data for its
    purposes, but the data subject needs the data for the establishment, defence or assertion of
    claims; (iv) the Programme Participant objects to the processing of the data – until it is
    determined whether the legitimate grounds on the part of the Controller override the grounds
    for the objection;
    e) object to the processing of personal data, including profiling, when: (i) there are reasons
    related to the particular situation of the Programme Participant and; (ii) the processing is
    based on the necessity for the fulfilment of the legitimate purposes of the Controller.
    f) lodge a complaint with the competent supervisory authority, i.e. the President of the Personal
    Data Protection Office, in the event that the Controller’s processing of the data is deemed to
    violate the provisions of the GDPR/RODO.