Terms Of Service

Master Subscription Agreement

Concluded by and between:

Timpler Adam Pietrasiak, address: ul. Skalskiego, nr 10, lok. 92, 42-500 Będzin, Poland, hereinafter referred to as “Screen Studio”

and

„Client” – data as given while placing the first Order under this Agreement.

Section 1: Definitions

For the purposes of this Agreement, the Parties agree on the following definitions:

  1. PRODUCT – Screen Studio software, whose purpose is to create professional screen recordings. A system consisting of interrelated programs, databases, documentation, etc., including compiled code and source code.
  2. DATA – image and video files recorded, uploaded, downloaded, and processed by the Client's devices or software and through the Product.
  3. ORDERS – orders for a specific subscription placed by the Client by an online form, describing the subscription plan for the Product.

Section 2: Subject of the Agreement

  1. The subject matter of the Agreement is to establish the terms and conditions under which the Client shall acquire access to the Product.
  2. Detailed scope of the subscription will be described in Orders.
  3. In the event of any inconsistency or conflict between the terms of the Master Subscription Agreement and the terms of any Order, the terms of the Master Subscription Agreement shall prevail.
  4. Screen Studio will make the Product available to the Client pursuant to this Agreement and the applicable Orders. Screen Studio will use commercially reasonable efforts to make the Product available twenty-four hours a day, seven days a week, except during:
  5. a planned downtime (of which Screen Studio will give advance notice by e-mail delivered to the e-mail address provided by the Client upon concluding this Agreement); or
  6. Force Majeure events.
  7. The Parties agree that Screen Studio may modify the features and functionalities of the Product anytime. Screen Studio will not materially decrease the overall features and functionalities of the Product during the subscription term.

Section 3: Terms of use of the Product

  1. Access to use of the Product is restricted to a specified number of devices that are permitted to be used under Client’s subscription, as detailed in an Order.
  2. Logins cannot be shared or used by more than one individual per account but may be reassigned to new individuals replacing former individuals
  3. The Client is responsible for maintaining the confidentiality of all logins.
  4. The Client shall not use the Product by circumventing the applicable subscription plan. Screen Studio reserves the right to charge the Client for any overuse of the Product in violation of this Agreement or the subscription plan.
  5. The Client agrees not to:
  • modify, adapt, or hack the Product or otherwise attempt to gain unauthorized access to the Product;
  • attempt to decipher, decompile, reverse engineer or otherwise discover the source code of the Product.
  1. A high-speed Internet connection is required for proper use of the Product. The Client is responsible for procuring and maintaining the network connections to the Product.
  2. The Client shall not license, sublicense, sell, outsource, rent, lease, transfer, assign, distribute, time-share or otherwise commercially exploit or resell the Product to any third party. The subscription for the use of the Product is intended for Client’s internal use only.
  3. The Client confirms that all users of the Product are at least 18 years of age. The Client is responsible for ensuring that no individuals under the age of 18 are granted access to or use of the Product. Screen Studio reserves the right to terminate or suspend access to the Product if it is discovered that underage individuals are using the Product through the Client's account.

Section 4: Term of the Agreement

  1. This Agreement is concluded for an indefinite period and may be terminated by either Party with a one-month notice delivered to the other Party in electronic form. Despite the termination, the Agreement shall apply to all Orders executed thereunder until their expiration or termination, unless the Parties agree otherwise in electronic form.
  2. This Agreement may be terminated by Screen Studio in electronic form, without notice, should the Client be late with any payments under this Agreement or an Order, after setting an additional period of at least 7 days for payment.
  3. Either Party may terminate this Agreement for cause with immediate effect upon notice of a material breach of this Agreement or an Order delivered to the other Party by e-mail if such breach remains uncured within 7 days from the date of receipt of such notice.
  4. In the event of termination of the Agreement for the reasons indicated in 4. 2 and 4.3, upon termination of the Agreement, all Orders executed thereunder shall also terminate.

Section 5: Subscription Plans and Orders

  1. Screen Studio may offer subscription of the Product under the following models of subscription plans:
  • indefinite subscription plan;
  • pay-per-use model;
  • a hybrid model combining models mentioned in 5.1.1-2.
  1. The subscription plan will be agreed upon by the Parties in an Order that shall specify at least:
  • The amount of user accounts acquired by the Client,
  • Applicable fees
  • Description of the subscription plan agreed by the Parties.
  1. Orders shall be concluded as a result of negotiations between the Parties or placed through an online form. An order shall be deemed to have been placed upon the agreement of both Parties in its scope in electronic form.
  2. Unless the Client’s subscription plan is terminated in accordance with this Agreement or the applicable Order:
  • the subscription will renew for a subscription term equivalent in length to the expiring subscription term; and
  • the subscription fees applicable to the expiring subscription term shall apply to the new term.
  1. Either Party may terminate the subscription, effective at the end of the then-current subscription term by providing a notice delivered by e-mail to the other Party, no less than seven days prior to the end of such subscription term.
  2. The Client must pay any unpaid fees covering the remainder of the subscription term pursuant to all applicable Orders if Screen Studio terminates this Agreement due to Client’s material breach in accordance with this Section.
  3. Except for Client’s termination for cause, due to Screen Studio’s material breach under this Section 5 or termination of the whole Agreement under Section 4, no refunds will be provided if the Client terminates a subscription prior to the end of a subscription term.
  4. Upon Client’s request delivered by e-mail, Screen Studio will make Client’s data contained in the Product available to the Client for export or download for thirty days after the effective date of termination of the Agreement or Order, unless the Agreement or Order has been terminated due to Client’s breach of the Agreement or Order. Thereafter, Screen Studio will have no obligation to maintain or provide any Data and such Data will be deleted unless prohibited by law or legal order.
  5. .The Client is not entitled to downgrade the subscription plan or reduce the number of accounts during any subscription term.

Section 6: Billing and payment

  1. The Client shall pay to Screen Studio the subscription fees in the amount specified and according to the model determined in the Order.
  2. The fees shall be payable upfront, within 14 days after delivery of the invoice by Screen Studio to the Client, to the bank account indicated on the invoice or by card payment upon placing the Order.
  3. Screen Studio will deliver invoices to the Client by e-mail.
  4. All amounts indicated in an Order are net amounts, which will be increased by VAT, if applicable.
  5. The date of payment shall be the date on which the fee is credited to Screen Studio's bank account.

Section 7: Confidentiality

  1. "Confidential Information" means information that is disclosed to a Party (“Receiving Party”) by the other Party (“Disclosing Party”) in any manner, whether orally, visually or in a tangible form (including without limitation documents, products, devices or computer readable media) and all copies thereof. Confidential Information does not include information received from a Party which the Receiving Party can clearly establish by written evidence;
  • is or becomes generally known to the public through no act or omission of the Receiving Party;
  • was known to the Receiving Party prior to receipt under this agreement;
  • is independently developed by the Receiving Party without use of the Confidential Information;
  • is required to be disclosed by court order or other legal process (provided that the Receiving Party uses reasonable efforts to provide reasonable notice to the Disclosing Party prior to such disclosure).
  1. Unless otherwise expressly stated herein, the Receiving Party shall not disclose, provide or make available any of Disclosing Party's Confidential Information in any form to any third party, except employees or consultants of the Receiving Party whose access is necessary to enable that Party to accomplish its obligations and exercise its rights under this agreement. The Receiving Party shall take all reasonable steps to maintain the confidentiality of the Disclosing Party's Confidential Information and to treat such information with at least same degree of care to avoid disclosure to any third party, as is used with respect to Receiving Party's own information of similar nature and like importance. The Receiving Party shall not remove any proprietary, copyright, trade secret and warning legends or notices from any products or other Confidential Information of the Disclosing Party.
  2. The obligations arising from this section 7 shall bind the Parties for an indefinite period of time.

Section 8: Data Protection

Data protection rules constitute Schedules No. 1 and no. 2 to this Agreement.

In case where for the implementation of particular Order it will be necessary to entrust the processing of personal data by the Client to Screen Studio, the Parties shall sign separate Data Processing Agreement_._

Section 9: Intellectual Property Rights

  1. Each Party shall retain all rights, title and interest in any of its respective Intellectual Property Rights. The rights granted to the Client do not convey any additional rights in the Product or in any Intellectual Property Rights of Screen Studio associated therewith. Subject only to limited rights to access and use the Product as expressly stated herein, all rights, title and interest in and to the Product, including all related Intellectual Property Rights, will remain with Screen Studio and belong exclusively to Screen Studio.
  2. Screen Studio shall have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable, assignable, irrevocable and perpetual license to implement, use, modify, commercially exploit, incorporate into the Product or otherwise use any suggestions, enhancement requests, recommendations or other feedback regarding the Product that has been received from the Client.
  3. The Client shall retain ownership rights, including all Intellectual Property Rights, to all Data processed by using the Product.
  4. Screen Studio will indemnify and defend the Client from and against any claim brought by a third party against the Client alleging that the Client’s use of the Product as permitted hereunder, infringes or misappropriates a third party’s valid patent, copyright, trademark or trade secret.

Section 10: Warranties, disclaimers and limitation of liability

  1. Each Party represents and warrants to the other that:
  • this Agreement has been duly executed
  • no authorization or approval from any third party is required in connection with such Party’s execution, delivery or performance of this Agreement;
  • the execution, delivery and performance of the Agreement does not and will not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
  1. Unless explicitly stated otherwise the Product, including all server and network components, is provided “as is” and “as available” basis, without any warranties of any kind to the fullest extent permitted by law. Any and all warranties, both expressed or implied are expressly disclaimed, including warranties regarding fitness for purpose. Screen Studio does not warrant that the Product will be operating uninterrupted, timely, error free or free of viruses or other malicious software, but will make reasonable effort to ensure it.
  2. The Client has been informed that should Data not be stored in Client’s devices, it will not be stored directly by Screen Studio, but at a third-party dedicated server provider (server storage for rent, cloud servers, etc.), and therefore Screen Studio is not responsible for any damage to the data supplied to the Software (databases).
  3. Screen Studio shall not be liable for direct or indirect damages, lost profits, lost sales, or business, lost data, business interruption, loss of goodwill or any other type oI f indirect, incidental special, exemplary, consequential damages related to the use of the Product or related to the inability to use it.
  4. Client’s claims, if any, are limited to the total amount of fees paid for to Screen Studio under the relevant Order.
  5. Screen Studio does not make any additional warranties or assurances over and above the statements explicitly indicated in the Agreement.
  6. The Parties agree that the Product provided by Screen Studio does not include hosting services, and that such services will be provided by third parties (if necessary). Emergency response time, guaranteed service availability or backup system depends on the terms and conditions of these service providers. Screen Studio shall not be liable for the services provided by third party service providers referred to in the preceding sentence.

Section 11: Final provisions

  1. The Client agrees that the rights and obligations resulting from this Agreement and its Schedules No. 1 and No. 2 (especially the DPA) might be transferred by Screen Studio without any additional consent to any company whose major shareholders are Adam Pietrasiak, Maciej Gawinek or Dawid Wilewski (separately or together).
  2. If any term in this Agreement is determined to be invalid or unenforceable by a competent court or governing body, such term shall be replaced with another term consistent with the purpose and intent of this Agreement, and the remaining provisions of this Agreement shall remain in effect.
  3. This Agreement shall be governed by the laws of the Republic of Poland.
  4. Change from Any changes and additions to the Agreement shall be in writing or documentary form (within the meaning of the Polish Civil Code) under pain of nullity. To the following.
  5. The Parties undertake to amicably resolve disputes arising from the Agreement through negotiations. Should such negotiations not be effective, disputes arising from the Agreement will be resolved by a common court with jurisdiction over the seat of Screen Studio.
  6. Following schedules are part of this Agreement:
  • Schedule No. 1 Information regarding the processing of personal data of persons entitled to Client’s representation
  • Schedule No. 2 Data Protection Agreement

Schedule No. 1 to the Master Subscription Agreement

Information regarding the processing of personal data of persons entitled to Client’s representation (member of the board, attorney, proxy) and its employees, coworkers and persons appointed for the contact on behalf of the Client in connection with conclusion and performance of the Master Subscription Agreement.

  1. The information clause presented below is intended for those Client’s representatives that participate in the process of conclusion of the MSA and Orders, and constitutes the fulfilment of Screen Studio obligation under article 13 of the GDPR towards these persons.
  2. The information clause contained in the hereby Schedule No. 1 is also intended for employees, associates and contact persons acting on Client’s behalf, whose personal data has not been provided to Screen Studio directly by the indicated persons, but by the Client. The information clause is the fulfillment of the Screen Studio obligation under Art. 14 of the GDPR towards employees, associates and contact persons in connection with the implementation of the MSA and individual Orders, subject to point 3.
  3. The Client undertakes immediately after obtaining personal data, but no later than within the time limit indicated in art. 14 sec. 3 GDPR, to provide the persons indicated in point 2 with the information clause.
  4. The Client undertakes to document the fulfillment of the obligation referred to in point 3 and to prove the fact of its fulfillment at the request of Screen Studio.
  5. The Client shall compensate Screen Studio for all damages, including administrative fines imposed, incurred as a result of breach of the obligations indicated in points 3 and 4 above, upon the Screen Studio’s first reasonable request.

Personal Data Controller

Screen Studio: Timpler Adam Pietrasiak, address: ul. Skalskiego, nr 10, lok. 92, 42-500 Będzin, Poland

Purposes and grounds for personal data processing

The purpose of the personal data processing is conclusion and performance of the Agreement with the Client (Orders included), details below:

  1. If you are a person representing the Client, the ground for the processing of your personal data is the necessity to perform the Agreement to which the data subject is a party, or to take action at the request of the data subject prior to the conclusion of the Agreement.
  2. If you are an employee, associate, a person appointed by the Client to contact in connection with the conclusion and performance of the Agreement, the ground for the processing of your data is the legally justified purpose of the Client and the Screen Studio consisting in the performance of the Agreement by its parties.
  3. The purpose and ground for the processing of personal data of persons representing the Client is also the fulfillment of legal obligations incumbent on Screen Studio, in particular in connection with the fulfillment of accounting and tax obligations.
  4. The purpose and ground for the processing of personal data of persons who are representatives of the Client is the legitimate interest of Screen Studio consisting in the implementation of marketing of its own services, the need to consider complaints, establishing, defending and pursuing claims, compiling reports, analyzes and statistics for the internal needs of Screen Studio.

Personal data categories

Screen Studio shall process your personal data such as your name, surname, e-mail address, telephone number, job title and any other category of data provided by you or contained in a document authorizing you to act on behalf of the Client.

Duration of the data processing

Screen Studio shall process your personal data for the period necessary to achieve the purposes for which they were collected, i.e. to perform the Agreement concluded between Screen Studio and the Client, to which this clause constitutes a schedule, for the period of its validity, and thereafter for the period resulting from the provisions of law or for the implementation of the legitimate interests of Screen Studio, including: to secure and assert any claims or defend against them, until the expiry of the limitation period for these claims in accordance with the currently applicable regulations. Screen Studio will process your personal data in an Order to fulfill legal obligations arising from, inter alia, the provisions of the Accounting Act for a period of 5 years from the beginning of the year following the financial year in which operations, transactions and proceedings were finally completed, paid off, settled or expired.

Recipients of data

Your personal data may be shared with recipients supporting Screen Studio activities, such as legal service providers, IT, accounting, postal and courier services, authorized employees / associates, subcontractors.

Source of data acquiring

The personal data of persons authorized to represent the client has been provided to us directly by these persons acting in the name of the Client. Personal data of persons participating in the performance of the Agreement have been made available to us by persons representing the Client.

Rights of the data subjects

You have the following rights: a) to access the personal data, b) to rectify them, c) to delete them - in cases and on the terms resulting from the GDPR, d) to restrict the processing - in cases and on the terms resulting from the GDPR, e) to data portability, f) to object, g) to withdraw consent at any time, without affecting the lawfulness of the processing of personal data, which was made on the ground of consent before the withdrawal, if the processing is based on consent, h) to submit a complaint to the authority competent for the protection of personal data (the President of the Personal Data Protection Office); contact details available at: https://uodo.gov.pl/

Information on the obligation or voluntary provision of personal data

Providing data is voluntary, but necessary for the conclusion and performance of the Agreement with the Client. Providing data for marketing purposes is voluntary and takes place on the ground of a consent.

Information on data processing outside the EEA

The controller may use service providers from outside the EEA area, which have not been recognized by the European Commission as ensuring an adequate level of personal data protection. The transfer of personal data in such case is carried out on the basis of standard contractual clauses adopted by the European Commission, which are subject to appropriate safeguards in the field of protection of privacy and the rights and freedoms of the persons they concern. A copy of the standard contractual clauses may be obtained from the controller.

Schedule No. 2  to the Master Subscription Agreement

Framework personal data processing agreement

The hereby agreement is applicable to Orders for the implementation of which it is necessary to entrust the processing of personal data by the Client to Screen Studio.

Concluded by and between:

The “Controller” –  the “Client”, as described in the Master Subscription Agreement

and

The “Processor” -  “Screen Studio”, as described in the Master Subscription Agreement

hereinafter referred to as Parties

The Parties conclude this Framework personal data processing agreement in connection with the MSA, the subject of which is the subscription for usage of the Product specified in a certain Order, for the performance of which it may be necessary to entrust the processing of personal data. The purpose of this personal data processing agreement is to ensure that the Parties comply with Art. 28 sec. 3 and 4 of the GDPR and other provisions on the protection of personal data.

  1. Definitions
    1. If the terms defined in the GDPR are used in this Data Processing Agreement, these terms have the same meaning as in the Regulation.
    2. The terms used in the hereby personal data processing agreement have the following meaning:
  2. Main Agreement – Master Subscription Agreement concluded between the Client and Screen Studio, for which the hereby agreement constitutes its integral part.
  3. Controller – Client as defined in the Main Agreement.
  4. Processor – Screen Studio as defined in the Main Agreement.
  5. Data Processing Agreement – hereby framework personal data processing agreement which constitutes an integral part of the Main Agreement, applicable to an Order, in which the Client entrust Screen Studio the processing of personal data. Whenever there is a reference to the data processing agreement it should also be understood as the provisions on data processing contained in an Order.
  6. Personal data  – personal data in the meaning of art. 4 point 1 of the GDPR, which the Client entrusts Screen Studio for processing in connection with the execution of the Order, as indicated in its content.
  7. Order – execution agreement to the Main Agreement, indicating specific Services provided by Screen Studio to the Client, to realization of which the personal data processing is necessary.
  8. GDPR (Regulation) - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
  9. The capitalized terms used in this data processing agreement, which are not defined in point 1.2, should be understood in accordance with the meaning given in the Main Agreement.
  10. Scope of application
    1. The data processing agreement is of a framework nature and applies to entrusting the processing of personal data in connection with the implementation by Screen Studio of the Order agreed by the Parties, if the performance of the Order requires entrusting the processing of personal data.
    2. The data processing agreement, together with the provisions of the Order relating to data processing, defines the conditions under which Screen Studio will process the Client’s personal data.
    3. The provisions of the data processing agreement are without prejudice to the obligations to which the Controller is subject under the Regulation.
    4. The provisions of the data processing agreement do not by themselves ensure the fulfillment of obligations related to international data transfers in accordance with Chapter V of the Regulation.
    5. The provisions of the data processing agreement should be read and interpreted in relation to the provisions of the Regulation. The provisions of the Processing Agreement shall not be interpreted in a manner inconsistent with the rights and obligations provided for in the Regulation, or in a manner that violates the fundamental rights or freedoms of data subjects.
    6. In the event of inconsistencies between the data processing agreement and the provisions of other agreements, in particular the Main Agreement, the provisions of the data processing agreement shall prevail.
    7. In the event of inconsistencies between the processing agreement and the Order, the provisions of the Order relating to entrusting processing shall prevail in the scope relating to data processing.
    8. The data processing agreement, to the extent regulated therein, supersedes all previous provisions and arrangements regarding data processing by Screen Studio on behalf of the Client, and its provisions apply to all entrustment processes that will take place during its term.
  11. Object and scope of data processing
    1. The Client entrusts Screen Studio the processing of personal data in accordance with art. 28 GDPR on the terms provided for in the data processing agreement and the Order.
    2. The Client declares that, in the meaning of the GDPR, he is the Controller of personal data and that he is entitled to entrust the processing of personal data to Screen Studio and guarantees that they are processed in accordance with law, in particular that they have been obtained in accordance with the provisions of the Regulation.
    3. The subject and purpose of entrustment, duration of entrustment, list of operations that are the subject of entrustment, categories of persons to whom the entrustment relates, the type of entrusted data, the Parties indicate in an Order, in the course of which the processing of personal data will be entrusted.
    4. The processing entrusted to Screen Studio is continuous and fully or partially automated using the Client’s IT systems or Screen Studio, unless otherwise agreed.
    5. The data processing rules included in an Order may be agreed or changed in a documentary form.
    6. If the data processing is not initially entrusted during the execution of a given Order, and then such entrustment actually arises, the Parties undertake to complete and agree on the Order in this respect and to apply it from the date on which the processing actually began.
    7. Screen Studio may process personal data entrusted to it for processing by the Client for the purpose of the performance of the Main Agreement and the Order and to the extent necessary for those purposes.
    8. The Client declares that the data entrusted for processing will be limited to the minimum in accordance with the principle of minimizing the processing of personal data set out in the GDPR, and therefore will be subject to selection by the Client if possible.
  12. International data transfers
    1. Screen Studio may cooperate with service providers from outside the EEA, which have not been recognized by the European Commission as ensuring an adequate level of personal data protection. The transfer of personal data to the above-mentioned entities is carried out on the basis of standard data protection clauses adopted by the European Commission, which are subject to appropriate safeguards in the field of protection of privacy and the rights and freedoms of the persons they concern.
    2. If, in accordance with point 4.1 of the data processing agreement, Screen Studio intends to use the services of a sub-processor to carry out certain processing activities (on behalf of the Client) that involve the transfer of personal data within the meaning of Chapter V of the Regulation, the Client agrees that these entities may ensure compliance with Chapter V of the Regulation by means of standard contractual clauses adopted by the Commission pursuant to Art. 46 sec. 2 of the Regulation, provided that the conditions for the application of these standard contractual clauses are met. The conclusion of relevant contracts will be possible in a documentary form.
  13. Instructions
    1. Within the meaning of the provisions on the protection of personal data, the Client remains the sole Controller of personal data, deciding on the purposes and methods of data processing. The Client is responsible for ensuring the legality of the processing of personal data that is the subject of entrustment and the protection of the rights of data subjects.
    2. Screen Studio processes personal data only for the purpose specified in the Order and in accordance with the Main Agreement, the guidelines and instructions provided by the Client and the provisions of the data processing agreement.
    3. Screen Studio processes personal data only on the basis of the documented instructions of the Client, unless such obligation is imposed by European Union law or the law of a Member State to which Screen Studio is subject. In such event, Screen Studio informs the Client of such legal obligation prior to the commencement of processing, unless such information is prohibited by law for reasons of important public interest. The Client may issue further instructions throughout the entire period of personal data processing.
    4. Client's instructions, as a rule, require a written or documentary form. The Client may also issue instructions verbally or by telephone, provided that they are immediately confirmed by Screen Studio in writing or in a documentary form.
    5. Screen Studio shall immediately notify the Client if, in Screen Studio's opinion, an instruction issued by the Client violates the Regulation or applicable EU or Member State legislation and requests the Client to withdraw, amend or confirm and clarify the disputed instruction. Pending the Client's decision, Screen Studio is entitled to suspend the execution of the disputed instruction. In the event that the execution of the Client's instruction, despite providing explanations, would lead to a breach of generally applicable provisions of European Union or Member State law, Screen Studio is entitled to refrain from implementing this instruction.
    6. The instruction should not only comply with the regulations, but also comply with the agreements of the Parties regarding the scope of the Services provided, the provisions of the Main Agreement and the Order. Any instruction that goes beyond the instructions set out in the first sentence above, if their implementation results in additional costs for Screen Studio, can be performed only after the Client accepts the costs of implementing the instruction presented by Screen Studio.
    7. The persons authorized to issue and receive instructions and all other information referred to in the Data processing agreement are the contact persons for the performance of the Order indicated in its content, as well as the contact persons for personal data indicated in point 13 of the Data processing agreement, unless that the Parties have agreed otherwise. In the event of a change or long-term absence of the designated person, the other party should be informed immediately of such a change in documentary form, and the change in this respect does not constitute a change to the Data processing agreement.
  14. Security of the processing
    1. Screen Studio undertakes to process the personal data entrusted to it at the request of the Client in accordance with the Data processing agreement, the Regulation and other generally applicable provisions of law that protect the rights of data subjects, in particular Screen Studio declares that it applies appropriate technical and organizational security measures, so that the processing meets the requirements of the Regulation and protects the rights of data subjects.
    2. Screen Studio undertakes, when processing personal data entrusted to him by the Client, to protect them (in particular against accidental or unlawful destruction, loss, modification, unauthorized disclosure or unauthorized access to personal data transmitted, stored or otherwise processed) by taking technical and organizational security measures ensuring an appropriate level of security, i.e. corresponding to the risk in accordance with Art. 32 of the Regulation. In particular, these measures include the implementation and application by Screen Studio of relevant personal data protection policies / procedures.
    3. The processing of Special Category Data does not take place under this data processing agreement. However, if in the course of cooperation, the Parties jointly decide to entrust the processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data or biometric data for the purpose of uniquely identifying a natural person, data concerning health, sexuality or a person's sexual orientation, data on criminal convictions and offenses ("sensitive data"), or if the Client decides that Screen Studio will be required to apply specific restrictions or additional safeguards, Screen Studio undertakes to apply the specific restrictions or additional safeguards as indicated in Order.
    4. Screen Studio grants its staff members access to the personal data being processed only to the extent strictly necessary for the performance, management and monitoring of the Main Agreement. Screen Studio ensures that persons authorized to process the personal data have committed themselves to confidentiality or are subject to an appropriate statutory obligation of confidentiality.
    5. All information obtained in connection with the performance of the Main Agreement, in particular information on the methods of securing data by the Parties, should be kept secret, also after the expiry of the data processing agreement.
  15. The right to control
    1. Screen Studio provides Client with all information necessary to demonstrate compliance with the obligations set out in the data processing agreement and contained directly in the Regulation, and provides answers to Client’s inquiries immediately, i.e. within no more than 7 working days.
    2. The Client has the right to control the compliance of the processing of personal data by Screen Studio with the provisions of the processing agreement and the Regulation ("Audit"). The audit may also take place through an independent auditor authorized by the Client. Upon the start of the Audit, the Client or an auditor authorized by him shall be required to sign a company secret and confidentiality agreement in regards to personal data and the methods of securing them.
    3. The Client undertakes that no entity that conducts activities directly or indirectly competitive to those carried out by Screen Studio shall be appointed as an authorized auditor. Competitive activity is understood as any activity, whether paid for or free of charge, in the country or abroad, regardless of the legal form, which is carried out in the same or similar subject scope and addressed to the same public or overlapping - at least partially - with the scope of activity which may be considered either primary or secondary for Screen Studio or entities from the Screen Studio group. In order to assess whether a given entity is competitive, not only the object of activity in regards to the Agreement is considered, but also the object of activity actually performed by this entity shall be taken into account. If the Audit is commissioned to be performed by competitors to Screen Studio, Screen Studio is entitled to refuse to conduct the Audit until another entity is appointed to perform the Audit on behalf of the Client or until further procedure is agreed between the Contractor and the Client.
    4. The Audit is subject to the following conditions:
  16. It may only relate to personal data entrusted to processing by Screen Studio on the basis of a Processing Agreement and will be limited to Screen Studio's premises and personal data processing facilities and personnel involved in processing activities covered by the Processing Agreement;
  17. It will be carried out efficiently and as quickly as possible, no longer than 2 working days;
  18. It shall take place no more than once a year, unless the Audit is required by law or by the competent supervisory authority, or takes place immediately after finding a material breach of personal data processed under the Processing Agreement,
  19. It may be performed during Screen Studio normal working hours in a manner which does not interfere with Screen Studio's business activities and in accordance with Screen Studio security policies;
  20. The Client shall notify Screen Studio of its intention to conduct the Audit by electronic means or by letter at least 10 working days prior to the scheduled date of the Audit, stating the planned scope of the Audit, duration and the name of the auditor. In the event of the inability to conduct the Audit in the scheduled time or other unexpected obstacles beyond Screen Studio's control, Screen Studio will notify the Client of such circumstances and propose a new date for the Audit, however not later than within 7 working days from the date indicated by the Client;
  21. The Audit must not aim at or lead to the disclosure of legally protected secrets (including Screen Studio trade secrets);
  22. The Client is required to create an Audit report summarizing the findings of this Audit. The report will be provided to Screen Studio and will constitute Screen Studio confidential information that may not be disclosed to third parties without Screen Studio's consent, unless required by applicable law. The report will contain the conclusions of the Audit and the scope of possible changes to the processing of personal data by Screen Studio agreed by the Parties.
  23. If Screen Studio has the certification referred to in Art. 42 GDPR or the application of the code of conduct referred to in Art. 40 GDPR, the Client's control rights can also be exercised by reference by Screen Studio to the results of monitoring the certification rules or the code of conduct. In such a case, the Audit will only cover matters that cannot be adequately clarified by the presentation of such results by Screen Studio.
  24. Using the services of sub-processors
    1. If Screen Studio uses a sub-processor to conduct certain processing activities (on behalf of the Client), it does so through an agreement that imposes on the sub-processor essentially the same data protection obligations as the obligations imposed on Screen Studio data pursuant to the Data Processing Agreement. Screen Studio ensures that the sub-processor complies with the obligations to which Screen Studio is subject under the Processing Agreement and the Regulation.
    2. Screen Studio will provide the Client with a copy of the contract it has concluded with the sub-processor upon request of the Client and, if changes are made, will provide the Client with an updated version. To the extent necessary to protect a business secret or other confidential information, including personal data, Screen Studio may conceal the text of the contract confidential prior to disclosure.
    3. Screen Studio remains fully liable to the Client for the performance of the obligations of the sub-processor pursuant to its contract with the sub-processor. Screen Studio will notify the Client of any breach by a sub-processor of its contractual obligations.
  25. Assistance for the Controller
    1. Screen Studio shall immediately notify the Client of: any request to disclose personal data to the competent public authority, unless he is prohibited by law to provide such information, any request received from the data subject, while refraining from responding to the request, unless the Client has agreed that Screen Studio shall respond to such request.
    2. Screen Studio assists the Client in fulfilling its obligations to respond to requests from data subjects for the exercise of their rights, taking into account the nature of the processing.
    3. Screen Studio further assists the Client in ensuring that the following obligations are met, taking into account the nature of the data processing and the information that Screen Studio has at its disposal:
  26. the obligation to carry out an assessment of the impact of planned processing operations on the protection of personal data ("data protection impact assessment") if the type of processing is likely to result in a high risk of violating the rights and freedoms of natural persons;
  27. the obligation to consult the competent supervisory authority (s) before starting the processing, if the data protection impact assessment shows that the processing would pose a high risk if the Controller did not take measures to limit it;
  28. an obligation to ensure that personal data is correct and up-to-date by informing the Client immediately if Screen Studio determines that the personal data processed by it are incorrect or outdated;
  29. the obligations set out in Art. 32 of the Regulation.
  30. Screen Studio shall promptly inform the Client of any planned administrative or data protection audit and of any administrative or judicial decision relating to the processing of personal data entrusted him by the Client.
  31. Violations of personal data protection
    1. In the event of a breach of personal data protection, Screen Studio cooperates with the Client and helps him to fulfill his obligations under Art. 33 and 34 of the Regulation, taking into account the nature of the processing and information available to Screen Studio.
    2. Screen Studio informs the Client of a suspected breach or breach of personal data protection within the time limit indicated in the Order, and in the absence thereof, immediately after it is discovered.
    3. Screen Studio is obliged to immediately take the necessary and appropriate measures to remedy the breach and minimize its possible negative consequences.
    4. All information regarding the breach of personal data protection should be provided to the person indicated in point 13 of the Processing Agreement.
    5. Screen Studio obligation referred to in clause 10.2. above is not and will not be interpreted as confirmation by Screen Studio towards data subjects of the occurrence of a personal data breach.
    6. In the event of a breach of personal data protection regarding data processed by the Client, Screen Studio supports the Client:
  32. with reporting a breach of personal data protection to the competent supervisory authority (ies) immediately after the Client becomes aware of the breach, where applicable / (unless it is unlikely that the breach will result in the risk of violating the rights or freedoms of natural persons);
  33. with obtaining information that pursuant to Art. 33 paragraph 3 of the Regulations which should be included in the notification;
  34. with filling, in accordance with Art. 34 of the Regulation, the obligation to notify the data subject without undue delay of a breach of personal data protection, if a breach of this kind may result in a high risk of violation of the rights and freedoms of natural persons.
  35. In the event of a breach of personal data protection relating to data processed by Screen Studio Screen Studio reports the breach to the Client immediately after becoming aware of the breach. This notification should contain, if possible, at least:
  36. a description of the nature of the breach (including, where possible, the categories and approximate number of data subjects and data entries affected by the breach);
  37. the details of the contact point where more information about the personal data breach can be obtained;
  38. an indication of the likely consequences of the breach and the measures that have been or are to be introduced to remedy the breach, including minimizing its possible negative effects.
  39. Liability
    1. Screen Studio liability rules provided for in point 10.2 of the Main Agreement also apply to Screen Studio's liability for the proper processing of personal data as part of entrusting data processing.
    2. Screen Studio shall not be liable for damages sustained by the Client, including administrative fines or damages to third parties imposed on the Client, for damages resulting from an act or omission of Screen Studio, upon Client's instruction, as long as Screen Studio cannot be attributed to intentional fault. In the event of no willful misconduct, the Client is obliged to unconditionally indemnify Screen Studio against all claims made by entities whose personal data is processed by Screen Studio on the basis of the data processing agreement. In the event of legal, judicial or administrative proceedings being instituted against Screen Studio, the Client is obliged, at the request of Screen Studio, to join such proceedings as a party and assume responsibility for the claim.
    3. Screen Studio is not liable for improper performance or non-performance of the data processing agreement due to force majeure.
  40. Duration and termination of the data processing agreement
    1. The data processing agreement is concluded for the duration of the Main Agreement.
    2. The expiry of the Order results in the termination of the processing agreement in relation to the Service performed on the terms specified in the Order. Unauthorized termination or termination of the processing agreement is excluded.
    3. In the event that Order is terminated, Screen Studio will, as stated by the Client, delete the personal data (by deleting all existing copies of the personal data) or return them to the Client, unless Screen Studio has the right to further process the personal data on an independent legal basis for a longer period. If Screen Studio does not receive the declaration referred to in the preceding sentence, in writing or in a documentary form, within 30 days from the date of expiry of the Order, it is considered that the Client requests the deletion of the personal data entrusted to him.
    4. Screen Studio has the right to terminate the Order to the extent that it relates to the processing of personal data in accordance with the processing agreement, if, after notifying the Client that his instruction violates the applicable legal requirements in accordance with section 5.5., the Client insists on the implementation of following the instruction.
  41. Final provisions
    1. The data processing agreement is governed by Polish law.
    2. The parties agree that, subject to the exception provided for in point 5.6. of data processing agreement, Screen Studio's remuneration for activities performed under the data processing agreement is included in the remuneration due for the provision of the Service to the Client.
    3. Any changes to the data processing agreement require a documentary form, otherwise null and void.
    4. In matters not covered by the data processing agreement, the provisions of the GDPR, the Civil Code and other generally applicable provisions of law shall apply.
    5. Inefficiency, invalidity or inability to perform individual provisions of the data processing agreement does not affect the effectiveness of the remaining provisions. The parties undertake to replace the ineffective, invalid or unenforceable provision with an effective and enforceable provision as close as possible to the originally intended purpose.
    6. Disputes arising from the data processing agreement will be settled by the competent court as agreed by the parties in the Main Agreement.
    7. The contract was drawn up in two identical counterparts, one for each party.

Shareable Links Reporting Policy and Control

‭ Last Updated: September 19, 2024‬

Policy

ScreenStudio is committed to maintaining a safe and appropriate environment for all users.‬ ‭To support this commitment, we have implemented a shareable link reporting system that‬ ‭allows users to flag inappropriate or concerning content for review.‬

Objective

To establish a clear process for users to report potentially inappropriate video content and for‬ ‭our team to manage and address these reports effectively.‬

Scope

This policy applies to all videos hosted on the ScreenStudio website and all registered users of‬ ‭the platform.‬

Reporting Process

  1. ‭ Reporting Mechanism‬‭: - A "Report" button will be placed below each video on the website.‬
  • When clicked, this button will open the user's default email client.‬
  • The email will be pre-addressed to‬‭ team@screen.studio‬‭.
  1. Report Content‬‭: Users are required to include the‬‭ following information in their‬ ‭ report:‬
  • The full URL link to the video in question‬
  • A detailed description of the issue or concern with the video‬
  1. Report Managment:
  • All reports will be initially handled by Dawid Wilewski (david@screen.studio)‬.
  • Reports will be logged in a Google Sheet for record-keeping and status‬ ‭ tracking.‬
  1. Report Statuses: Reports can have the following statuses:‬
  • New
  • Under Review
  • Action Taken
  • No Action Required
  • Closed

Controls

  1. **Technical Implementation‬‭:**‬ ‭- The development team will implement the "Report" button functionality on‬ ‭ the website.‬
  • The button will be prominently displayed below each video for easy access.
  1. Email Template: IT will set up an email template with the following elements:‬
  • To:‬‭ team@screen.studio‬
  • Subject: Video Content Report‬
  • Body: "Please provide the full URL of the video and describe the issue‬ ‭ below:"
  1. Google Sheet Setup‬‭: A Google Sheet will be created with the following columns:‬
  • Report Date‬
  • Reporter Email‬
  • Video URL‬
  • Issue Description‬
  • Status‬
  • Assigned To‬
  • Action Taken‬
  • Resolution Date
  1. Access Control‭: - Access to the Google Sheet will be restricted to the content moderation team‬ ‭ and management.‬
  2. Training: - Dawid and any backup personnel will document their process to enable future‬ ‭ training on how to handle reports and update the Google Sheet, as required‬ ‭ (i.e. if and when the function is handled by somebody other than Dawid).
  3. Regular Review‬‭: - Management will conduct a regular/monthly review of the reporting process‬ ‭ and resolved cases to identify any trends or areas for improvement.‬
  4. User Communication: - Users will receive an automated email confirmation when their report is‬ ‭ received.‬
  • The website's Terms of Service and Community Guidelines will be updated to‬ ‭ include information about the reporting process.‬ ‭

Compliance

‬All team members involved in the video content reporting process must adhere to this policy.‬ ‭Failure to do so may result in disciplinary action.

Policy Review

This policy will be reviewed annually and updated as necessary to ensure its effectiveness and‬ ‭ relevance.‬

‭ Last Updated: September 19 2024‬

Content Reporting - User Notice‬

At Screen Studio, we're committed to maintaining a safe and enjoyable environment for all‬ ‭our users. We value your input in helping us identify content that may violate our guidelines.‬ ‭Here's how you can report a video that you believe needs review:‬

How to Report a Video

  1. Locate the "Report" button below the video you wish to flag.‬
  2. Click the "Report" button. This will open your default email client.‬
  3. In the email:‬
  • The recipient (‬‭ team@screen.studio‬‭ ) will be pre-filled.‬
  • Copy and paste the full URL of the video you're reporting.
  • Describe the issue with the video in detail.‬
  1. Send the email to submit your report.‬

What Happens Next‬

  1. Our moderation team will review your report promptly.‬
  2. We may contact you if we need additional information.‬
  3. Action will be taken if the video is found to violate our guidelines.‬
  4. Due to privacy concerns, we may not be able to inform you of the specific outcome‬ but we will do our best to inform you to the best of our capabilities.‬

Important Notes

  1. Please only use this system to report genuine concerns about video content.‬
  2. Abusing the reporting system may result in account restrictions.‬
  3. For urgent issues or immediate assistance, please contact our support team directly.‬

We appreciate your help in keeping ScreenStudio a positive platform for everyone. Thank you‬ ‭for being a valued member of our community!‬

For more information, please review our full‬‭ Terms‬‭.‬ ‭ ‭ ‭

Usage Guidelines

Last updated: 19 September 2024

To ensure our offerings function optimally, we require your cooperation in using them responsibly. This document outlines what we consider improper use of our offerings. We retain the right to act against behavior that contradicts the spirit of these guidelines, even if not explicitly stated herein. The term "offerings" encompasses all Screen Studio-owned or operated products, websites, subdomains, pages, and cloud services.

Prohibited Actions:

  1. System Integrity Violations
    • Compromising our systems' security or operation
    • Unauthorized access attempts or security circumvention
    • Altering or impairing our offerings' functionality
    • Decoding transmissions to or from our servers
    • Overloading our infrastructure with excessive requests or resource consumption
  2. Unlawful Activities
    • Misrepresenting identity or content origin
    • Violating others' privacy or collecting personal information without consent
    • Harassment, threats, or intimidation
    • Using our offerings for illegal purposes or in violation of any laws
    • Unauthorized access methods (e.g., scraping)
    • Misuse of Screen Studio's or suppliers' trademarks
    • Using offerings for critical alert systems related to health or safety
    • Promoting discriminatory practices
  3. Inappropriate Communications
    • Generating spam or chain letters
    • Unauthorized commercial solicitation of our users
    • Disparaging Screen Studio or its affiliates
    • Promoting third-party products without permission
  4. Unacceptable Content
    • Violating intellectual property rights
    • Sharing false, misleading, or harmful content
    • Posting obscene, defamatory, or hateful material
    • Encouraging violence or illegal activities
    • Discriminatory content
    • Malicious code or exploits
    • Previously removed content

"Content" refers to any information or material you create, upload, or provide through our offerings, including submissions you authorize others to make.

Screen Studio reserves the right to interpret these guidelines and take appropriate action, including removing content or terminating accounts, without prior notice if violations occur. Users agree to cooperate in investigating and remedying violations.