As its name – legal – suggests, here you’ll find provisions regulating the delivery of my services and functioning of this website. The purpose of this section is transparency (highlighting, upfront, the terms on which I invite you to do business with me) and compliance, especially with the data protection regulation.
- Please, familiarise yourself with all five parts of this legal section.
- By clicking on each headline its key points will appear.
- Below, you can also view in browser and/or download a PDF document with all legal provisions.
- I tried to make this part as straightforward as possible, so it’s understood by anyone. A lawyerly caveat, for the uninitiated: in parts not explicitly modified or at all spelt out, the law applies as is (in its default provisions and/or entirety).
- If you have any questions regarding this legal section, contact me by email. I’m looking forward to hearing from you 😊!
For the full (consolidated) and binding (so, in legalese albeit with a touch of legal design) version of the legal provisions described below, check this PDF (you can view or download this file).
KJADR – the trading name of Karolina Jackowicz ADR – is registered in Poland (EU).
KJADR’s address is Karolina Jackowicz ADR (KJADR), ul. Zurawia 6/12 lok 766, 00-503 Warszawa, Poland. VAT & Taxpayer’s Identification Number (NIP) 8222153197. For full details visit CEIDG.
Specific terms and conditions of each engagement are agreed and contracted individually, to suit the specific needs of my clients. In the bundle accompanying our contract, you will also receive a full set of relevant documents (rules, policies etc.).
Here are the key points and general principles of providing my services:
KJADR is registered in Poland, a member state of the European Union (EU). Therefore, in the absence of a specific choice of law (conflicts of law) provision – to which I am open – Polish law applies to services provided by KJADR.
KJADR is not a law firm, but a legal & business consultancy. I, Karolina Jackowicz, am not a member of the bar, but a professionally trained and accredited mediator with a legal and business background. I abide by the highest and most up to date professional and ethical standards for mediators, such as the European Code of Conduct for Mediators and the Chartered Institute of Arbitrators Code of Professional and Ethical Conduct for Members.
After the no-obligation and free initial consultation, when you decide to engage me as a mediator or a consultant, and before I start working on your case, we’ll agree on the specific scope of work. This will form part of our contract and/or will be confirmed in writing (via email). Any changes to this scope of work will also need to be agreed in writing (via email).
My services are provided on a best-effort basis. As so much depends on the input from you as clients, there is no possibility that I could guarantee any specific outcome (for example, a settlement). To maximise the chances of achieving the desired outcome, your reasonable cooperation is required. If you (or the other party, if relevant) fail to cooperate I will not be able to perform the services. In such case, I won’t be liable to you for failure of performance through lack of cooperation. I will also be entitled to receive the fees due, at least in part (the down payment).
In most cases, my services are provided on a fixed fee basis. This means that upfront we agree a total (lump) sum you will pay. I believe this arrangement is fair and, to my clients, much better than charging an hourly rate. However, please bear in mind, that in some cases, on top of the main fee (for example for mediation), expenses might accrue. These are to be reimbursed by the client. The details are always set out in our contract (as a rule, expenses are reasonable and capped).
Typically, my fees are paid in two instalments: a down payment (50% of the agreed fee) and a final payment of the remaining fee due plus expenses, if such occurred and were agreed.
You agree to pay my fees within 14 (fourteen) days of receiving a VAT invoice (a digital version, sent by email, unless otherwise required). If the payment is not received, my services will be suspended and the contract might be terminated.
I have specialist insurance in place, so we are both protected.
As I value your business and do my best when serving you, I hope you will be satisfied with both the treatment and the services you receive as a client of KJADR. However, if you are not, please contact me by email and we will try to resolve your problem.
Thank you for visiting my website – www.kjadr.com (“the website”).
Websites are created to be used – I hope you will enjoy kjadr.com and find it useful.
Remember that your use of the website has some limits. The provisions set out below are in most part common sense and usual practice. However, given that by using the website you are bound by and accept its Terms & Conditions (together with the Acceptable Use Policy), please read the text below. If you do not accept these provisions, unfortunately, you cannot use the website.
Here are the key t & c’s:
This website – www.kjadr.com – has been established in 2019 and is run and maintained by Karolina Jackowicz of KJADR whose registered office address is ul. Zurawia 6/12 lok 766, 00-503 Warszawa, Poland; email: email@example.com.
The website presents KJADR – a boutique ADR & business communication consultancy of Karolina Jackowicz. The website’s goal is to serve as (i) a primary point of contact between prospective clients and me, Karolina Jackowicz, as well as (ii) a source of useful information for the broader business community via the blog section of the website.
The content of the website provides:
- information about the services on offer;
- Karolina Jackowicz (in the capacity of KJADR); and
- specialist tips & know-how on effective communication, conflict management and dispute prevention, containment and resolution (that’s the blog part of the website).
The website may contain some third-party content, which is typically minimal, and in practice anticipated to be limited to:
- links to external websites, such as redirecting a user from the blog entry to another website;
- content inserted by the users of this website in a form of comments under the blog entries.
I strive to make sure that in such cases the content will meet the website’s criteria of correctness and availability (for example by approving comments and checking links before publishing). However, as this content is created and/or managed by third-parties I cannot fully warrant that the same standards are maintained. I do not endorse the third-party content (for example links inserted by other users) and it is your responsibility to accept and follow these third-parties’ policies about using their websites. I do not accept any responsibility for any other websites content accuracy or its availability or any loss you may suffer from using these third-party websites.
I strive to make sure all information provided on the website is up to date and accurate. However, being only human, some unintended errors might rarely occur, for which I apologise. These will be fixed as soon as discovered (please, kindly, let me know by email if you spot any mistakes). Therefore, you acknowledge that the website is overwhelmingly for informational purposes and its content does not constitute a legally binding offer or legal advice.
The website is intended to be available at all times and from all locations. However, on some rare occasions (such as the website’s maintenance, server failures or due to individual user’s security settings) the website might be unavailable, for which I apologise. The website might also be unavailable from some geographic locations. Therefore, I do not warrant uninterrupted use of the website and you acknowledge that the website may be subject to issues such as limitations, errors and/or delays.
By using the website you understand that some part of your personal data is shared and you agree that KJADR handles this information. As the website user, you also confirm that the data you provide is accurate.
The data collected by the website and/or KJADR is minimal. Its handling is in adherence to all regulations and industry standards.
More details on processing your data are provided in the Privacy and Cookie Policies below.
I strive to maintain the highest security standards and protect the website. However, security largely depends on the internal settings and standards on your side, such as appropriate antimalware software. Also, you must remember to protect and treat as confidential all information such as passwords, identification codes and other security details. Therefore, I am not responsible for any bugs, viruses and/or any other similar issues encountered when using the website and I am not liable for any loss you may suffer as a result of using the website.
The content of the website (including all texts and documents, photographs and databases) in most part is owned by me, Karolina Jackowicz of KJADR. It is my intellectual property protected by copyright and/or trademark registration. Therefore, you may only use the said content following these legal provisions, especially this paragraph. In case of any breaches, I reserve the right to remedy such breaches with all the rights conferred to me by the law.
The remaining part of the content (which is not my property) has been obtained based on appropriate licences and is used accordingly (for example photographs on the blog part of the website of which I am the licensee) or is properly marked as content belonging to other entities (for example clearly linked to sources with credits given).
In short: please do not use any content without my prior and explicit permission, especially by copying texts or photographs published on the website. I will pursue such breaches. If you are inspired by my website – that’s great. I have been inspired in creating this website by other websites’ styles and contents. Just don’t cross the line between inspiration and infringement.
To use kjadr.com you must be at least 18 years old.
You have the right to use the website (on a temporary and non-exclusive basis), as long as your use is following these provisions (especially the Website Terms & Conditions and Acceptable Use Policy) and the law.
Improper use (such as breaching the website’s intellectual property or any criminal conduct, like illegitimate attempts to obtain access to the website’s server or introducing malware) will result in termination of your access and will be reported to the relevant authorities.
You have the permission to make links to the website, provided the content of your website meets the website’s Acceptable Use Policy standards.
I reserve the right to suspend or terminate your rights and permissions concerning the website or terminate the website altogether without notice.
More details on using the website are provided in the Acceptable Use Policy below.
DUTY OF CARE
My duty of care is owed solely to you as a user of the website and/or the client of KJADR. No duty of care is owed to any third party.
LIABILITY & INDEMNITY
I do my best to provide the most up to date and accurate information and uninterrupted use of the website. However, bear in mind that I will not be responsible nor liable for any loss or damage you may suffer resulting from any content inaccuracies and/or technical errors or interruptions, such as maintenance work, technical failures, wrongful use, unauthorized access or content uploaded to the website by you or other users of the website. I do not assume any responsibility to any third party in respect of the performance of my duty of care towards the users of the website.
This policy is an extension to the Website Terms & Conditions (so, if you haven’t yet, read the t & c’s).
Below you’ll find the key points setting what you can do and what you must not do when browsing, linking or otherwise using the website (especially commenting on it or about it). Remember that if you use the website, these “dos and don’ts” apply to you. By using the website you agree with and are bound by its Acceptable Use Policy (as well as the Website Terms and Conditions).
Here’s what you need to know as a user of the website:
This website – www.kjadr.com – has been established in 2019 and is run and maintained by Karolina Jackowicz of KJADR whose registered office address is ul. Zurawia 6/12 lok 766, 00-503 Warszawa, Poland; email: firstname.lastname@example.org.
These policies apply also to social media channels and/or accounts associated with KJADR, namely:
- Linkedin: https://www.linkedin.com/company/kj-adr
- Medium: https://medium.com/@kjadrcom
- YouTube: https://www.youtube.com/channel/UCOWF3WeUeIQ80yD09rrZZtw?view_as=subscriber
- Instagram: https://www.instagram.com/kjadr_com/
- Twitter: https://twitter.com/kjadrcom
USER CONTENT STANDARDS
As I strive to provide the most up to date and accurate content on the website, I hope you will commit to doing the same.
Your contributions must be:
- not against the law or any regulations;
- accurate (when stating facts);
- genuine (when stating opinions);
- considerate and kind (always!).
To be more precise, here’s a list of what content is strictly banned on the website: offensive, obscene, defamatory, deceiving (including impersonating or misrepresenting anyone’s identity), harassing, threatening or otherwise intrusive, annoying, violent, abusive (including sexually explicit), discriminatory (regarding nationality, disability, age, sex, sexual orientation, race, religion), infringing anyone else’s rights, especially intellectual property. It is also forbidden to encourage anyone to commit any of such acts or posting of such content or otherwise participate or assist in such forbidden conduct.
These standards apply also to social media channels and/or accounts associated with the website as well as any interactive services associated with the website.
As the name suggests, these are services where and through which parties interact (so these are two-way). For example some conversational or messaging platforms, such as a chat functionality or other type of communication where the user makes the choice electronically (using devices, for example, a computer).
If this type of services is used on (via) or in conjunction with the use of the website, this will be clearly indicated. Further details will be provided, especially regarding moderation.
If an interaction occurs on (via) an external platform, including social media, the rules and standards of the said platform apply.
You have permission to use the website on a temporary and non-exclusive basis. This permission might be revoked and your access limited and/or discontinued, especially when your actions are against the law or these provisions. I reserve the right to fully or partially discontinue, withdraw or change the content of the website, including these legal provisions, without any prior notice and any responsibility or liability to you.
Allowed use of the website means in adherence to the standards set below and by the law. You agree to use the website:
- in goodwill and legally;
- per its purpose and goals (as a source of information on services provided by KJADR and a point of contact with Karolina Jackowicz);
- accurately, especially when linking its content on any other websites, including social media.
You are allowed to make links to the website, as long as the display and/or anchoring website (including on social media) conforms with this Acceptable Use Policy.
Providing links to the website does not mean an endorsement or any other association with the website unless explicitly agreed otherwise.
I reserve the right to revoke your permission to make links to the website, especially as a result of non-conforming with this Acceptable Use Policy.
Forbidden use of the website means against the standards set in this Acceptable Use Policy or the law. Specifically, you agree not to use the website to:
- break any laws or regulations;
- harm any persons (especially minors) or entities (public and private);
- commit any fraud or take any actions which result in fraudulent effects;
- introduce or transmit any harmful data or other materials negatively affecting software (such as programmes and applications) or hardware of the users of the website or the website;
- interfere with or damage the website or any part of it, including its ecosystem of software and hardware products and services (such as programmes, applications, networks, storage, servers and other equipment);
- use it in any commercially or otherwise exploitative manner;
- copy, mirror, duplicate, modify, frame, create derivatives, download, display, distribute, transmit or republish in any way any part of the website;
- sell, resell, licence, rent, lease, distribute, transfer, assign, display, disclose or in any way make the website available to any third party;
- introduce, spread or otherwise use any unsolicited advertising content (spam);
- introduce, spread or otherwise use any material not meeting the website content standards.
SUSPENSION AND TERMINATION OF USE
If you are or appear to be in breach of this Acceptable Use Policy the following steps might be taken to discontinue and/or prevent further breaches and/or damage:
- requesting your conduct to stop, including in a form of formal warning and/or notice;
- removing any content you have introduced or spread on the website or any social media channels and/or accounts associated with the website;
- limiting or terminating your right and/or permission to use the website;
- limiting or terminating your right and/or permission to use any social media channels and/or accounts associated with the website;
- reporting your conduct to the relevant authorities;
- taking legal action.
These steps might be taken separately or in conjunction with each other, whether cumulatively or consequently, and be administered temporarily or permanently, as I deem suitable to protect the website and KJADR.
Should your conduct mandate taking these steps I will not be liable for any of the costs arising from any actions which I take to deal with these breaches.
I understand that you value your privacy – I do, too, value both mine and yours. However, sharing some information is necessary to deliver the majority of online services, like KJADR’s, and operate kjadr.com (“the website”), so you can use it. The data collected is minimal. And you have the right to control it. Lastly, there are variations as to what information is collected and how it is used depending on how you engage with KJADR (for example, whether you’re just browsing the website or participating in a fully online mediation). Where applicable, further relevant details will be discussed and then provided in your contract for the delivery of KJADR services.
Here’s the key and straightforward general info on privacy:
INFORMATION (WHAT IS COLLECTED)
When you use the website your IP address is automatically recorded by the connected analytics platform (Google Analytics) and, in some cases (for example when you post comments), the blog hosting platform (WordPress). This is to monitor traffic on the website and adjust the website’s content accordingly. Google Analytics also records some additional information, such as the device you use (whether mobile or desktop, what operating system) and your approximate location (though these are also based on cookies). These pieces of information do not allow for specific identification of individuals.
When you contact me (by email, telephone or any connected app, like WhatsApp) you might voluntarily provide some basic information, such as your name, company name and contact details (email address, postal address). This information is recorded in my email or app and/or its storage server, as well as might be stored locally (on my computer or smartphone) when I write down the details following a call. This is solely to discuss and deliver KJADR’s services to you.
STORAGE OF INFORMATION (HOW/WHERE IT IS STORED)
As an almost fully digital company, all data related to the delivery of KJADR’s services is stored online and some part also in local copies (whether digital or physical).
All storage servers used are located in the European Union and/or the United States (where they are certified as adhering to the EU privacy standards, aka the “Privacy Shield”). This refers to servers directly used by me, as well as indirectly – the servers used by the providers I use to deliver services to you (more on these partners in the sharing section below).
As to the local copies – the data is stored on the dedicated for professional use only (and therefore protected with specialist software and other stringent security protocols, as advised by IT Security specialists) devices, such as laptops, smartphones and data banks. These devices are portable and mobile, hence with no permanent location. All are adherent to the highest privacy and security regime (as mandated or advised by the EU and for my own peace of lawyerly mind). I apply a similar level of precaution and protection protocol to any physical copies (such as correspondence, invoices etc.) which may include your data, keeping it safe.
USE OF INFORMATION (HOW IT IS USED)
Any information collected – your personal data – is used solely to offer and deliver the services of KJADR. There are a few specific uses of it:
- the core use: delivery of KJADR’s services to clients and prospects (for example emailing you a contract proposal or workshop materials);
- business analytics: internal collation, research and analysis of data (for example creating spreadsheets with client locations to asses geographical reach and expansion of KJADR);
- technical: website and content optimisation (for example making adjustments more suited to the most used device accessing the website);
- security: reporting (as per the Acceptable Use and the Website Terms & Conditions, to report any conduct against the law or these provisions).
As a general rule, all contact (and so the use of personal data, like an email address) is a reaction related to your query or our business relationship.
In plain English:
- I do not send unsolicited offers – spam (whether by email or social media);
- I do not collate, obtain nor use external databases (like email lists of prospects);
- I do not – currently – operate a newsletter or any other subscription emails.
SHARING OF INFORMATION (WHO WITH/WHAT IS SHARED)
Any information which might be shared – your personal data – is shared solely to offer and deliver the services of KJADR. Here’s a list of the providers I use to deliver my services to you where your data might be used:
- Adobe Inc based in the US (for document creation);
- Amazon Inc based in the US (for storage and hosting);
- Asana Inc based in the US (for work management);
- Atlassian Pty Ltd based in Australia – delivering Trello and Jira (for work management);
- Google LLC based in the US (for storage, communication, document creation, search engines and analytics);
- Grammarly Inc based in the US (for document creation);
- Hitme.pl sp. z o. o. based in Poland, EU (for storage and hosting);
- Home.pl SA based in Poland, EU (for storage and hosting);
- Mango Technologies Inc based in the US – delivering ClickUp (for work management);
- Microsoft Corporation based in the US (for documents and communication);
- Nazwa.pl sp. z o. o. based in Poland, EU (for storage and hosting);
- OVH based in the UK (for storage and hosting);
- OVH Cloud based in France, EU (for storage and hosting);
- Slack Technologies Inc based in the US (for communication);
- Zoom Video Communications Inc based in the US (for communication); and
- some other business partners, sub-contractors and suppliers (all of which are vetted for security and data protection protocols in compliance with the EU regulation).
If the law requires that I share some information with the relevant authorities, individuals or organisations, I will oblige.
I do not share your data with any other entities or individuals.
TIME FRAMES FOR KEEPING INFORMATION (HOW LONG FOR IS IT KEPT)
Your information (personal data) is kept either for 6 months or 5 years.
If you are a client of KJADR, I am obliged by law (for tax and social security purposes) to keep all the relevant information (such as invoices or other documents which may contain your personal data) for 5 years.
In all other circumstances (for example when you enquire about the services but ultimately do not become a client or leave a comment on the website) all the information collected (your personal data) will be permanently deleted after 6 months.
YOUR RIGHTS REGARDING INFORMATION
As the person whose information is processed – collected, stored, shared and used (the subject of personal data) you have certain rights concerning this information. You can exercise these rights towards the entities in possession of it. So, regarding all your personal data processed by KJADR, you can contact me and ask me to:
- provide you with a copy of this information;
- correct any part of this information;
- withdraw your consent to process this information in part or full*;
- restrict or stop the processing of this information in part or full*;
- delete this information in part or full*;
- share this information with another entity in a specified reasonable way.
*Remember that as an exception to the general rule and your rights this might be impossible due to the tax/social security regulations which oblige me to keep all relevant documents (and so your data) for 5 years.
If you believe your request was not handled properly, you can report this mishandling and/or make a complaint to the President of the Personal Data Office of Poland. For more information, you can also consult the website of the EU’s Data Protection Supervisor.
Here’s what you need to know about the cookies:
WHAT ARE COOKIES?
A web/browser/Internet/HTTP cookie also known as a “magic cookie” – or, these days, just a cookie – refers to a packet of information (data) received and recorded by an Internet-enabled device (like your computer or smartphone) which is then sent back without changing or altering it. It’s typically a small text file sent by a website which is saved on your device (as a file located in your browser and/or the device’s hard drive). This helps websites remember your actions or preferences so that the next time when you visit that website it will adjust to your preferences. For example, your display settings, such as font sizes, or languages.
WHAT COOKIES KJADR.COM USES?
From the technical viewpoint, the cookies used by a website and then saved into a cookie file consist of:
- the name of the server sending the cookie;
- a value – typically a randomly generated number;
- the duration (lifetime) of a cookie.
The cookies used by kjadr.com are of this kind.
On a more practical level, there are different purposes, and so types, of these cookies. Cookies used on kjadr.com are very limited and in line with the “strictly necessary” policy – only what is necessary to delivering KJADR’s services and maintaining the website. This means:
- essential settings cookies like language or font size which allow the website to perform its basic functions;
- analytics cookies collecting information on how users interact with the website (for example which part of the website is the most visited) which allow me to make informed decisions on what and how to improve to deliver the best website experience.
This information is not tracked in isolation and it is not personally identifiable.
For the optimal website experience of its users. Firstly, for the user’s convenience. So the website is adjusted to your preferences, including for multiple uses (and you do not have to re-set these preferences on each visit). Secondly, for quality user experience. So I can adjust the website to the user needs (and your finding of information on the website will be easier).
On a technical level: If you agree, a small file (consisting of letters and numbers, a value and the name of the server sending the cookie) will be sent to and stored on your browser or the hard drive of the device you use to access the website (typically, your computer or smartphone).
On a practical level: Cookies used on kjadr.com are very limited and in line with the “strictly necessary” policy – only what is necessary to delivering KJADR’s services and maintaining the website. Valuing your privacy, the website avoids unnecessary tracking and/or profiling of its users.
Cookies are recommended for the optimal website user experience.
HOW TO CONTROL COOKIES USED BY KJADR.COM?
You can set your cookie preferences when you first visit the website. This includes visiting the website:
- on a new device;
- in a different browser;
- on the same device/in the same browser, after you cleared your browser history.
For changing your preferences, please either click on the “Privacy & Cookies Policy” button displayed on the bottom of the website or use the browser options (such as clear history and/or cache), which will then lead to setting the cookies on the website again, so you can update your preferences.