These Regulations specify the rules of recruitment for and participation in the Foundation’s Acceleration Program.
§ 1. Definitions
Whenever these Regulations refer to:
- “E-mail Address” this shall mean an e-mail address used for the purpose of correspondence between an Applicant/Start-up and the Foundation, as provided in the Application;
- “Acceleration” this shall mean all of the activities carried out towards a Start-up as part of the Program;
- “Applicant” this shall mean the entity that has submitted an Application;
- “Demo–Day” this shall mean a regular event organized by the Foundation during which the selected Start-ups present the effects of their work as well as the further business and financial assumptions concerning their Idea;
- “PoC/PoC Ready” this shall mean a stage of cooperation between a Partner and a Start-up, supported by the Foundation, where actions are taken in order to carry out a pilot implementation and/or commercialization of the Start-up’s Idea by means of (i) selling the rights to the Idea; (ii) granting a license; (iii) executing a binding agreement specifying the terms of participation in the profits from the Idea; (iv) marketing the Idea; (v) other forms of implementation and commercialization specified in the PoC implementation plan and in the individual agreements executed directly with the Partner;
- “Foundation” this shall mean the Technological Entrepreneurship Foundation (Fundacja Przedsiębiorczości Technologicznej) of Warsaw, Al. Jerozolimskie 93, 02-001 Warsaw, entered into the National Court Register under number 00000566188, NIP (tax identification number): 5252623890, REGON (statistical number): 362028771, who is the organizer and the operator of the Program;
- “Sponsor” this shall mean CVC ADVISERS (POLSKA) spółka z ograniczoną odpowiedzialnością of Warsaw, pl. S. Małachowskiego 2, 00-066 Warsaw, entered into the National Court Register under number 0000559826, NIP (tax identification number): 5223030302, REGON (statistical number): 361615130;
- “Confidential Information” this shall mean any and all information, irrespective of the form (including but not limited to verbal, written, and electronic), provided in connection with the Program, marked as confidential or with respect to which the circumstances of its disclosure suggest that it is of confidential nature, including trade secrets, concerning a party or a Start-up, their clients or counterparties, including but not limited to any and all information concerning:
- an Idea;
- operations, planned activities, and projects under way or in negotiation;
- financial standing;
- the party’s clients or counterparties;
- the performance of the Acceleration Agreement.
Confidential Information shall not include information (i) that is included in the Application; (ii) that is or becomes publicly available, unless this occurs as a result of a violation by the party of the obligations specified in these Regulations or in the Acceleration Agreement; (iii) that had already been in the possession of the receiving party at the moment of its disclosure, without an obligation to keep it confidential and without a violation of these Regulations or the Acceleration Agreement; (iv) that is shared with the receiving party by any source, provided that this source is not bound with a confidentiality obligation towards the disclosing party with respect to this type of information; or (v) the disclosure of which has been approved by the entity this information concerns;
- “Steering Committee” this shall mean the body that supports the management of the Program, monitoring the course of the Program and making the key decisions concerning the selection of the Applicants for the Program. The Steering Committee shall be composed of the persons managing the Foundation, delegated experts, and representatives of the Partners. The chairman of the Steering Committee shall be the President of the Management Board of the Foundation or a person delegated by the Management Board of the Foundation;
- “Contest” this shall mean the “CVC Young Innovator Awards” contest organized by the Foundation in cooperation with the Sponsor, the purpose of which is to select an Idea with the greatest market potential, whose implementation will generate the most extensive social benefits. The Contest is intended for the Start-ups that meet the requirements specified in these Regulations;
- “Small Enterprise” this shall mean an entity (a small enterprise) that meets the requirements laid down in Annex I to Commission Regulation No. 651/2014;
- “Micro Enterprise” this shall mean an entity (a micro enterprise) that meets the requirements laid down in Annex I to Commission Regulation No. 651/2014;
- “Evaluator(s)” this shall mean a maximum of 2 (two) and a minimum of 1 (one) juror;
- “Partner” this shall mean an enterprise interested in utilizing a technology or cooperating in the development of the products (including services) of the Start-ups that participate in the Acceleration;
- “Program” or “Acceleration Program” this shall mean an acceleration program the purpose of which is to enable, support, and organize cooperation between the Start-ups and the Partners in the area of innovation and in the thematic areas that are significant for the development of the Start-ups and the Partners. The Program is carried out in two variants: ReThink Academy and PoC Ready;
- “Idea” this shall mean an innovative technological idea of a Start-up to be developed as part of the Program;
- “Affiliation” this shall mean a situation where an entity or the persons serving on its governing or supervisory bodies are linked, through other persons or capital, to another entity, in particular within the meaning of the Polish Accounting Law of 29 September 1994 (Journal of Laws No. 121, item 591, as amended);
- “Regulations” this shall mean these Regulations of the Foundation’s Acceleration Program, specifying the rules of recruitment for and participation in the Program, available at www.mitefcee.org;
- “ReThink Academy” this shall mean activities addressed, as part of the Acceleration, to selected Start-ups, including but not limited to training and mentoring;
- “Commission Regulation No. 651/2014” this shall mean Commission Regulation (EU) No. 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty;
- “Start-up” this shall mean a commercial company or partnership entered into the relevant register and having the status of a Micro Enterprise or a Small Enterprise;
- “Participant” this shall mean an adult natural person proposed for participation in the Program by a Start-up;
- “Acceleration Agreement” this shall mean the agreement executed between a Start-up and the Foundation with respect to participation in the Program, specifying the terms of this participation. An Acceleration Agreement is a basis of participation in the Program.
- “Application” this shall mean a filled-out application form submitted via the recruitment platform available at www.mitefcee.org, including an outline of the assumptions of the Idea in the form of an original presentation, description, multimedia material, or a combination of the above forms. The contents of an Application shall be sufficient to carry out its evaluation in accordance with the Program’s criteria in terms of Ideas selection.
§ 2. General provisions
- The purpose of the Program is to accelerate the development of Start-ups by means of promoting and supporting Start-ups with respect to the implementation of technological projects. The Program is intended to provide support in the form of workshops, mentoring, identifying the business needs of Start-ups, and, in the case of the selected Start-ups, carrying out the PoC in cooperation with a Partner. The Program includes the stages of evaluation and selection of Start-ups.
- The Program is intended for the entities selected as part of the main open recruitment procedure or qualified through the other programs organized by the Foundation, provided that they meet the requirements specified in these Regulations.
§ 3. Entities eligible for Program participation
- The Program is addressed to entities which:
- fulfill the definition of an Applicant;
- operate, at the moment of signing the Acceleration Agreement, a registered business, which is confirmed by an entry in the relevant register;
- are not Affiliated to the Foundation;
- have, at the moment of signing the Acceleration Agreement, the status of a Micro Enterprise or a Small Enterprise;
- operate their business in accordance with the applicable legal regulations and the method of operating that business does not violate these Regulations or the Acceleration Agreement;
- hold the exclusive copyrights to an Idea, including but not limited to the right to decide about the Idea without any limitations; the Idea shall also be free from any and all legal encumbrances and collaterals;
- neither the Idea nor its implementation violates or could cause a violation of the applicable legal regulations or any agreement or understanding and the Idea or its implementation does not require any third party consent under any agreement or undertaking. If participation in the Program requires consent from any of the bodies of the Start-up, the Applicant shall cause that this consent is expressed on the day of submitting the Application at the latest;
- hold all of the required permissions, licenses, and other consents from public administration authorities and have been entered into the relevant registers in accordance with the applicable legal regulations for the purpose of operating a business related to the implementation of the Program.
- Additionally, in the case of entities that participate in the Program under the ReThink Academy variant, the following criteria shall also apply:
- until the moment of execution of the Acceleration Agreement, the Applicant has not received non-returnable financing (public or private) in excess of EUR 1 million for the purpose of increasing the company’s or partnership’ capital or taking up shareholding or similar rights in the company or the partnership, including the acquisition of phantom rights or rights to co-decide, in a binding manner, about the fundamental operations of the Start-up;
- the Applicant has been operating for less than 5 years (counting from the day of being entered into the relevant register), has not been listed on a stock exchange, has not distributed any profits, and has not been incorporated as a result of a merger.
- The following entities shall not be qualified for the Program and if such circumstances are disclosed following their qualification for the Program, shall be disqualified:
- en entity in which a member of a governing body has been convicted, with a final and binding judgment, of making a false representation, corruption, a criminal offense against property, the credibility of documents, money and securities transactions, trading, or the banking system, a fiscal/criminal offense, or another criminal offense related to operating a business or perpetrated in order to achieve a financial gain;
- en entity that has arrears in terms of public imposts, for which an administrator has been appointed by a court, is in liquidation, or has filed an application for a suspension of operations;
- en entity with respect to which the prohibition referred to in Article 12.1.1 of the Polish Law of 15 June 2012 on the Consequences of Entrusting Work to Foreigners Staying in the Republic of Poland in Violation of Legal Regulations (Journal of Laws of 2012, item 769, as amended) has been imposed;
- en entity that is in a difficult financial situation, including an entity that is insolvent, has filed an application for bankruptcy or such an application has been filed with respect to it, or has filed an application for restructuring proceedings to be initiated or such an application has been filed with respect to it;
- en entity that is under compulsory administration or for which a legal person guardian has been appointed;
- en entity with respect to which there are reasonable doubts as to whether it holds the rights to decide about the Idea presented in the Application or if that Idea is an object of a dispute, a collateral, or a claim of any third party.
§ 4. Qualification for the Program
- The deadlines for submitting the Applications for each of the editions of the Program shall be specified individually and published at www.mitefcee.org. Applications shall be submitted electronically, by means of filling out the application form. Applications submitted after the deadline shall not be verified.
- Submitting an application form shall mean:
- acceptance of these Regulations and consent to delivering the Regulations and making amendments to the Regulations by means of publishing their current wording at www.mitefcee.org. If these Regulations are amended following the submission of an Application by the given Applicant, the Application shall remain valid; however, the Foundation reserves the right to request the Applicant to supplement the Application to the extent and by the date specified by the Foundation;
- an obligation to actively participate in the Program, including workshops and training seminars.
- The Application shall be produced in the English language. Applications produced in other languages shall not be examined.
- In the application form, the Applicant shall make representations that are in accordance with the actual state of affairs.
- The Applicant shall indemnify the Foundation against any and all third party claims made in connection with his Application.
- The materials submitted by the Applicants together with the Application shall become the property of the Foundation and shall not be returned to the Applicants. For the avoidance of doubt, this shall not concern the intellectual property rights to the Idea, which shall not pass to the Foundation.
- The Applications shall be evaluated in view of whether they meet the formal criteria. As part of this evaluation, the Foundation may request the Applicant to provide documents confirming that formal criteria have been met, within 3 business days of the date of sending the request to the E-mail Address of the Applicant. Applications that are not supplemented in spite of a request to do so shall be rejected.
- The Foundation reserves the right to cancel the recruitment process, in particular if major amendments are made to the generally applicable legal regulations that affect the terms of recruitment or if force majeure occurs. In such a case, the Applicant shall not have the right to make any claims for damages.
- The Applicant shall disclose any and all documents and information concerning the Idea and the Applicant that should be deemed significant, considering the terms and conditions of the Program, as specified in the Acceleration Agreement and in these Regulations.
§ 5. Subject matter evaluation of the Applications
- If an Application is evaluated positively at the stage of the verification referred to in § 4.7, above, the Application shall be qualified for further evaluation by the Evaluators. This evaluation shall consist in verifying the Application in terms of subject matter, awarding points according to the evaluation system on the application platform, and evaluating the market potential of the given Idea. The Evaluators shall take into account in particular the following criteria: innovativeness, the technologies used, competitive edge, cost effectiveness, business model of the Application, and adjustment to the needs of the Partners.
- Following the completion of the evaluation, the Foundation and the Partners shall decide whether the Applicant meets the criteria for participation in the Program and whether the given Start-up will have the possibility to take advantage of the Program in the ReThink Academy variant or the PoC variant.
- On the basis of the subject matter evaluation, the Foundation shall compile a ranking list of the Applications.
- On the basis of the ranking list, the Foundation and the Partners shall invite the selected Applicants to interviews, to be carried out in the form of a videoconference or a teleconference or at the offices of the Foundation. Invitations shall be sent at least 3 (three) days in advance. If, in spite of at least 2 (two) attempts to agree on a date for the meeting, an Applicant fails to appear for the interview, the Evaluators shall have the right to remove that Applicant from the recruitment process.
- Interviews may be recorded as audio or video material.
- Every interview shall be summarized in the form of a score card.
- Considering the Applicants who have been verified positively, recommendations from the Partners, and the potential conflicts of interest, the Foundation shall specify the Applicants to be invited to participate in the Program.
- The Applicants shall have no measures of appeal against a negative decision concerning qualification for the Program or refusal to execute an Acceleration Agreement.
- Within 10 (ten) days of the completion of the recruitment process, the Foundation shall notify the Applicants of the results of the process, to the E-mail Addresses they had provided. If an Applicant is qualified for the Program, the Foundation shall also indicate the Program variant selected for the Start-up.
§ 6. Acceleration Agreements
- The execution of an Acceleration Agreement shall be a prerequisite for participating in the Program. The Acceleration Agreement shall be executed in writing or in the form of a document, as per the decision of the Foundation.
- If, for any reason, the Applicant decides not to execute an Acceleration Agreement or if the Foundation refuses to execute an Acceleration Agreement with the Applicant, the Foundation may qualify the next Applicants for participation in the Program.
- Prior to the execution of the Acceleration Agreement, the Foundation may demand the delivery or updating, by the relevant date, in writing or in the form of a document, of the documents necessary to execute the Acceleration Agreement.
- Failure to provide, by the relevant deadline, in writing or in the form of a document, the documents necessary to execute the Acceleration Agreement shall result in refusal to execute the Acceleration Agreement.
§ 7. Participation in the Program
- The Start-ups shall participate in the Program free of charge. The Start-ups shall cover the costs of their participation in the Program, such as the costs of travel, accommodation, and board of the Participants.
- As part of the Acceleration Program, depending on the decision of the Steering Committee, a Start-up may take advantage of all or some of the following benefits:
- participation in the ReThink Academy;
- possibility of participation in a Demo-Day for the Start-ups selected by the Steering Committee;
- possibility of PoC implementation for the Start-ups selected by the Partners for the PoC Ready path (the Foundation does not guarantee the PoC implementation);
- membership in the alumni club. Membership in the club entails the need to pay fees, which will be regulated in the Acceleration Agreement;
- other benefits provided by the Foundation.
- The Start-up shall specify, in the form of a document, between 2 and 6 Participants who shall be obliged to actively participate in the Program.
- A dedicated mentor shall be assigned to the Participants. The mentors shall be market or technical experts. The selected mentor shall work with the Participants for the entire duration of the Program.
§ 8. Contest
- During the Program, the Foundation may organize a Contest.
- In order to be qualified for the Contest, a Start-up shall have a Participant who is directly involved in the works on an Idea and who, as at the day of execution of the Acceleration Agreement, is under the age of 30. Direct involvement should be of crucial importance for the development and implementation of the Idea. The involvement criterion shall be deemed to have not been met by the persons whose participation in the development of the Idea is purely administrative or technical.
- Meeting the requirement referred to in § 8.2, above, shall mean automatic qualification of the Start-up for the Contest and shall not require any additional actions.
- The execution of an Acceleration Agreement shall mean consent to participation in the Contest. In spite of having met the criterion referred to in § 8.2, above, a Start-up shall be excluded from the Contest if, prior to the completion of the Program or the paying out of the Prize, this Start-up’s Acceleration Agreement is terminated, irrespective of the reason for and the form of termination.
- The purpose of the Contest is to select a Start-up whose Idea meets the following criteria to the largest extent (the “Winner”):
- social impact;
- market potential;
- social benefits that may be achieved if the Idea is implemented;
- feasibility of the Idea’s business model;
- development of the Idea during the Program;
additionally, the competences and the involvement of the Participants in the Program and in the development of the Idea shall be evaluated.
- The evaluation of the degree to which the criteria specified in § 8.4 have been met and the selection of the Winner shall be carried out jointly by the Foundation and the Sponsor. The evaluation carried out by the Foundation and the Sponsor shall be subjective and according to their discretion; there shall be no measures of appeal in this respect.
- The Start-up whose Idea is selected shall receive a prize of PLN 120,000.00 (one hundred and twenty thousand) gross (the “Prize”). The Winner shall use the Prize for development purposes or in order to implement the Idea. The Winner may be obliged to return the Prize if he has used it for a purpose other than the development or implementation of the Idea and if his Acceleration Agreement is terminated (irrespective of the reasons for and the form of termination) or if he is obliged to return any public aid, if such aid granted as part of the Program.
- The Foundation and the Sponsor shall execute a separate agreement with the Winner, the subject matter of which shall be the specification of the date for paying out the Prize, the method of utilizing the Prize, and the situations where the Prize has to be returned. The agreement shall be executed not later than within 60 (sixty) days of the announcement of the results of the Contest.
- Any and all costs, fees, taxes, and other public imposts resulting from awarding and paying out the Prize shall be covered by the Winner. The Winner acknowledges that in connection with receiving the Prize, he may be obliged to pay the corporate income tax on the Prize. If the Foundation or the Sponsor is obliged, in connection with paying out the Prize, to pay any tax or public impost, the value of the Prize shall be decreased by the value of that tax or public impost.
- The results of the Contest shall be announced, by the specified date, at www.mitefcee.org. Contest results shall be sent to the Start-ups’ E-mail Addresses.
- The results of the Contest shall also be published on the website and on the social networking profiles of the Foundation and the Sponsor.
- The Sponsor or the Foundation shall have the right to cancel the Contest at any time without stating a reason. The Start-ups shall have no claims towards the Foundation or the Sponsor in connection with the cancellation of the Contest.
- Participation in the Contest shall be free of charge and shall not require for the Start-ups to incur any costs other than the costs of participation in the Program.
§ 9. Confidentiality
- The Foundation, the Start-ups, and the Participants shall keep strictly confidential any and all Confidential Information they acquire during the Program.
- Confidential Information may be disclosed if disclosure is required under mandatory provisions of law, a court ruling, an administrative decision, or to the extent this is necessary to carry out the assumptions of the Program (including but not limited to the performance by the Foundation of its obligations in terms of monitoring and reporting, controlling and audit, retention of documentation, and information and promotion).
- The Foundation shall have the right to share (publish) all of the contents of the Application submitted by the given Start-up (including the identity of the Participants, brief written descriptions of the Start-up and the Idea, and the video clip) for any and all purposes related to the implementation of the Program or for promotional purposes; these contents shall not be deemed to be confidential.
- The Start-ups shall cause the Participants they have appointed to take part in contacts with the media and the press in connection with the Program. As part of that obligation, a Participant may be obliged to produce a description of the Idea, provide statements or contents related to the Program, or prepare other representations for the media.
- During the Program, the Start-ups and the Participants may be obliged to sign a confidentiality clause or a non-disclosure agreement.
§ 10. Intellectual property
- The Start-ups agree to the use of their trademarks, word marks, figurative marks, and word/figurative marks by the Foundation in the marketing or informational materials related to the Program.
- By applying to the Program, a Start-ups represents that it did not violate, is not violating, and shall not violate the provisions of any third party agreements or rights, including patents, copyrights, trade secrets, trademarks, advertisements, and personality rights, and shall not disclose, in violation of the applicable legal regulations, any confidential or classified information concerning another person or entity.
- The Start-ups shall hold all of the rights to use the intellectual property exploited as part of the Program, including but not limited to economic copyrights and other relevant rights to computer software that are used as part of the Idea covered with the Application. The Start-ups shall hold all of the rights to decide, on their own behalf, about the intellectual property rights referred to in the preceding sentence.
- If the intellectual property referred to in § 10.3 is used under a license, the Start-up shall hold an exclusive license to use the intellectual property exploited as part of the Program and shall have the right to grant sub-licenses concerning the use of intellectual property rights.
- Each of the Start-ups represents that during the Program, the following representations were, are, and will continue to be true, complete, and non-misleading:
- during the preparation and implementation of the Idea covered with the Application, the terms of the licenses granted to the Start-up have been complied with in terms of the works or computer programs used by the Start-up in connection with the Program;
- the exercise by the Start-up of its intellectual property rights is not an object of a dispute and there are no reasons for such disputes to occur;
- all of the fees necessary to renew or maintain intellectual property rights have been paid in full and all of the actions necessary to maintain and protect intellectual property rights have been taken;
- the Start-up has not been advised/informed in any way and has not otherwise learned of any third party claims concerning intellectual property rights or of any violation of third party rights as part of the Program or by the Idea covered by the Application as a result of exercising intellectual property rights;
- the Start-up is not aware of any violations of intellectual property rights by third parties;
- neither the Start-up nor the Participants shall use the name MIT EF CEE or any adaptation, short version, or changed version of that name, the names of the departments, the names of the board of trustees, the names of the members of other bodies, the names of students, employees, or agents of the Foundation or any trade mark of figurative mark owned by the Foundation for any advertising purposes or publicly without prior written consent from the Foundation, which shall be null and void unless expressed in writing or in the form of a document.
- Without prior consent from the Sponsor, which shall be null and void unless expressed in the form of a document, neither the Start-ups nor the Participants shall use the Sponsor’s name or any adaptation, short version, or changed version of that name and shall not use any trade mark, figurative mark, or another marking owned by the Sponsor or his Affiliates, in particular for marketing purposes.
- Results that are an object of intellectual or industrial property rights and results not subject to such protection, arising as a result of a Start-up’s participation in the Program, shall constitute the property of the Start-up; the Start-up shall hold all of the rights to use the intellectual property exploited as part of the Program, including but not limited to economic copyrights and other relevant rights that are used as part of the Idea and shall hold all of the rights to decide about these rights on its own behalf.
- The provisions of the Polish Law of 4 February 1994 on Copyrights and the Related Rights (Journal of Laws No. 24, item 83, as amended) shall apply to the economic copyrights arising as a result of the implementation of the Program.
§ 11. Obligations and liability
- The Foundation, the persons participating in the Program on the side of the Foundation, mentors, counselors, experts, the Partner, and the persons participating in the Program on the side of the Partner shall not be liable for any losses suffered by the Start-ups, the Participants, or the Affiliates of the Start-ups in connection with their participation in the Program.
- The Foundation shall not be liable in the event of an interruption, delay, or cancellation of the Program for external reasons or due to force majeure that make the implementation of the Program highly difficult or impossible. These events are beyond the control of the Foundation and thus the Foundation shall not be liable for them; as a result, the Foundation shall be, in the relevant proportion, released from its mutual obligations resulting from the Program, without the need to pay any penalty or damages.
- The duties and obligations of the Foundation related to the Program shall be specified in the Acceleration Agreement. After the completion of the Program, any and all obligations of the Foundation towards the Start-ups and the Participants shall expire. The obligations of the Foundation towards a Participant or a Start-up shall be specified exclusively in the Acceleration Agreement and there shall be no other obligations towards a Participant or a Start-up other than those specified in the Acceleration Agreement.
- The obligations of the Start-up shall continue in spite of the completion of the Program to the extent to which these Regulations, the Acceleration Agreement, or the applicable domestic or EU legal regulations so provide.
- The Start-up shall disclose any and all documents and information concerning the Idea covered by the Application and concerning the Start-up that should be deemed significant, considering the terms and conditions of the Program, as specified in the Acceleration Agreement and in these Regulations.
§ 12. Personal data
- Personal data shall be processed by the Foundation in accordance with 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, GDPR) (OJ L 119 of 04/05/2016, p. 1).
- The Start-ups shall comply with the GDPR.
- The Foundation shall process the following personal data shared with it:
- in the case of an Applicant: data of the persons authorized to represent the Applicant, data of the persons submitting the Application, and data of the other persons mentioned in the Application (including but not limited to the persons listed as the Participants), as well as data of the persons appointed to cooperate with the Foundation with respect to the examination of the Application;
- in the case of a Start-up: data of the persons referred to in § 12.3.a and data of the persons representing the Start-up or working for the Start-up on the Idea, data of the Participants, and data of the persons appointed by the Start-up to cooperate with the Foundation with respect to Program implementation;
in particular in terms of their identification details (first name, last name, position) and contact data (phone number, e-mail address).
- The purpose of data collection is to carry out the Program and the events, workshops, and Program alumni meetings following the completion of the Program.
- The legal basis of data processing shall be the necessity of processing for Program implementation (Article 6.1.b of the GDPR), the performance of the data controller’s legal obligations (e.g. obligations in terms of public aid; Article 6.1.c of the GDPR), or the legitimate interests of the Foundation (marketing purposes, defense of claims, achievement of the Foundation’s goals, implementation of the Program; Article 6.1.f of the GDPR).
- The processing of personal data is a prerequisite for participation in the Program. If personal data is not provided, the carrying out of the Program will be impossible. By submitting an Application, the Applicant undertakes to provide the Foundation with the necessary personal data, comply with the personal data processing rules and the rules in terms of circulation of documents, as specified by the Foundation, and to provide all of the persons whose personal data is shared by the Applicant with the contact data of the Foundation and with information concerning the processing of their personal data by the Foundation. The obligations referred to in the preceding sentence shall also apply to the Start-up if the Applicant is selected for participation in the Program.
- The persons whose data has been shared in connection with the implementation of the Program shall have the right to access and rectify their data, the right to erasure, the right to restriction of processing, the right to object, the right to demand cessation of processing, the right to data portability, and the right to file a complaint with the relevant supervisory authority.
- The data provided by the Start-up shall not be shared with third parties, except for:
- the personal data that has to be shared in the application for co-financing and for the purpose of the application process concerning the co-financing and settlement of the Program;
- the personal data shared with other entities that support the Foundation in Program implementation and promotion;
- the personal data that has to be shared by the Foundation with the relevant state institutions under legal regulations.
- The data shared by the Start-up may be transferred to outside of the European Economic Area; in connection with that, the Foundation shall take the relevant steps in order to ensure the protection of this data, in particular by means of using the standard contractual clauses approved by the European Commission or by transferring data to countries with respect to which the European Commission has issued an adequacy decision. In such a case, the persons with which the Foundation’s data is shared shall have the right to receive a copy of the relevant security measures.
- Data provided by an Applicant or a Start-up shall not be subject to profiling.
- Personal data shall be retained for 10 (ten) years, counting from the beginning of the year following the year in which the Application is submitted (in the case of an Applicant) or at least for the period specified in the Acceleration Agreement (in the case of a Start-up).
- In order to carry out the Program, the Foundation shall share with the Applicants and the Start-ups the data of the persons appointed by the Foundation to carry out the Program and to work with the Applicants and the Start-ups, as well as, if necessary, the data of the persons appointed by the Sponsor to work with the Foundation and the Start-ups in connection with the organization of the Contest. The Applicant and the Start-up shall process this data in accordance with the relevant personal data protection regulations.
§ 13. Final provisions
- The Start-ups shall be fully liable for the actions of their representative and Participants as for their own actions. The Foundation reserves the right to exclude, at any time, any of the Applicants, Start-ups, and Participants if, in the opinion of the Foundation, the assumptions, terms, processes, or rules of the Program have been violated. The decisions of the Foundation shall be final.
- The Start-ups and Participants whose behaviors are unethical, illegal, or could have a negative impact on the image of the Foundation or the Program shall be removed from the Program at the discretion of the Foundation.
- If it becomes necessary to make amendments to these Regulations, including in particular in connection with acquiring additional public financing for the implementation of the Program, the Foundation shall publish, on the www.mitefcee.org website, information about the amendments, the current wording of the Regulations, and the date on which the amendments come into effect. Unless the new Regulations provide otherwise, the Applications made so far shall be examined by the Foundation and the Evaluators in accordance with the amended Regulations.
- If it is necessary to make changes to an Application in connection with the amendments to these Regulations, the Foundation shall publish an announcement in this respect at www.mitefcee.org and shall send information in this respect to the E-mail Addresses.
- If these Regulations are amended, the Applicant shall have the right to withdraw from the Program; not later, however, than at the moment of signing the Acceleration Agreement.
- Subject to the mandatory provisions of law, any and all disputes arising under these Regulations or in connection with them shall be settled by the Polish common courts having jurisdiction over the registered office of the Foundation. These Regulations shall be governed by and interpreted in accordance with the laws of Poland.
- These Regulations have been drafted in the Polish and English language versions. In the event of any discrepancy between these language versions, the Polish language version shall have priority.
- If needed or if required under the relevant legal regulations, these Regulations may be updated.
- These Regulations shall come into effect on the day of publication.