By-laws concerning participation in events organized by Fundacja Endeavor

I General regulations

1. This by-laws, hereinafter referred to as “By-laws” defines the rules for participating in the events organized by Fundacja Endeavor with its registered office in Warsaw, at Chmielna 73 st., 00-801 Warsaw, Poland, registered in the register of associations, other voluntary and vocational organizations, foundations, and independent public health-care centres of the National Court Register, maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under number KRS (registration number) 0000985525, NIP (taxpayer’s identification number) 5273013406, REGON (statistical number) 522756350, hereinafter referred to as the “Endeavor Foundation” or “Organizer”, as well as the rights and obligations of the Organizer and participants, hereinafter referred to as the “Participants”, and each of them as “Participant” related to registration and participation in the event, personal data protection, and the Organizer’s responsibility for organizing the events, hereinafter referred to as the “Events”, and each of them as “Event”.

2. The Events are organized in connection with the performance of the statutory objectives of the Endeavor Foundation.

3. The By-laws is available on the Endeavor Foundation’s website at https: //poland.endeavor.org/.

4. Before participating in the Event, the Participant is obliged to familiarize himself/herself with this By-laws.

5. The Participants are obliged to comply with the provisions of the By-laws and legal regulations during the Event. In case of the Participant’s non-compliance with this By-laws, as well as relevant provisions of law during the Event, the Organizer is authorized to exclude the Participant from the Event with immediate effect.

6. Only adults may participate in the Events as Participants with the full legal capacity.

7. The relevant Event shall take place at the place, date, and form indicated by the Organizer in the invitation referred to in Section II, Paragraph 1 below and on the Organizer’s website.

8. The Organizer reserves the right to modify the agenda of the Event, in particular by changing: presenters, topics and order of speeches, hours of speeches, as well as the date, place, and formula of the Event, for instance to on-line or hybrid form (partly stationary, partly on-line).

II Registration

1 The participation in the Event is only possible upon receipt of an invitation sent electronically (in an email form) by the Endeavor Foundation to the Participant’s dedicated email address, hereinafter referred to as the “Invitation” and submission of a declaration of intent by the Participant concerning participation in the Event by clicking on the appropriate Invitation box, hereinafter referred to as the “Application”. Acceptance of the Invitation also results in acceptance of the content of this By-laws.

2 The Participant is responsible for provision to the Organizer of the correct email address.

3 The number of the Participants in an Event may be limited. In such a case, the order of Applications made in accordance with Section II, Paragraph 1 above shall be decisive.

4 In the Invitation mentioned above, the Organizer will indicate the deadline by which Application must be made. Following the deadline, making the Application will not be possible.

5 In the case of on-line events, information regarding the technical conditions for participation in such an Event and a link to participate in the Event will be sent in the Invitation. The Organizer reserves the right to send the link separately.

6 The Invitation may be transferred to another person only with the prior consent of the Endeavor Foundation made in electronic form (email), no later than 7 days before the contemplated Event, for proper preparation and printing of personal IDs for the Participants.

7 The Participant may cancel participation in the Event at any time prior to the Event by sending a message to the email address indicated in Section X (Contact). In such a case, the Organizer shall send to the Participant the confirmation of receipt of the Participant’s cancellation.

8 Entry to the Event’s area is possible following registering at the Event’s venue in a dedicated place, and receiving a personal ID issued by the Endeavor Foundation.

9 Personal ID must be in a visible place (for instance hang around the Participant’s neck) and must be handed over at any request of the Organizer.

10 Only properly registered persons with personalized identifiers are allowed to enter the Event’s venue.

11 Persons who are intoxicated, under the influence of drugs, pose a risk of danger, potentially threatening public order will not be allowed into the Event area.

12 In the event that a Participant who has expressed an intent to participate in the Event in accordance with Section II, Paragraph 1, or has been provided with the Invitation in accordance with Section II, Paragraph 3, fails to appear on the day of the Event, at the venue, by the time specified by the Organizer, the Organizer reserves the right not to admit such Participant to the Event.

13 During the Event, there might be smaller activities available for certain groups of people under the Organizer sole discretion.

III Responsibility

1 The Organizer is not liable for the loss of Participants’ property on the Event’s premises.

2 The Organizer shall not be liable for any property damage or non-property damage suffered by the Participant in connection with participation in the Event.

3 The Organizer is not liable for injuries to the Participants during the Event.

4 The Organizer is not responsible for statements, opinions, recommendations, actions of omission made by speakers and Event Participants. These individuals are free to speak and take all statements and actions on their own account. However, the Organizer undertakes to ensure that statements are not offensive and are made with respect for others.

5 If the Event is held on-line, the Organizer is not responsible for technical aspects.

6 The Participants shall bear full legal and financial responsibility for damages caused by his/her act or omission.

IV The consent for the use of image

1 By participating in the Event, the Participant agrees to the multiple fixation and public use and dissemination of its image in the form of photo or film shoots as part of the Event by the Endeavor Foundation.

2 Consent also includes editing, processing, including combining the image with other graphic elements, reproduction and publication of the photo/film shots taken, in the following fields of exploitation:

2.1 the introduction of the work into the memory of computer and multimedia networks, the Internet, as well as the transmission of the work within the aforementioned networks;
2.2 the fixation/multiplication/dissemination of the work without quantitative limitation, by any technique and method, including in analogue or digital form, for the purpose of placing photo and film shoots in electronic media (including social media such as (but not limited to): YouTube, Instagram, Facebook, LinkedIn, X (previously Twitter) as well as in press materials, for documentary, educational, and promotional purposes, regardless of the medium and the form in which the material is recorded (i.e. in the form of a paper publication as well as in electronic form).

3 By joining the Event, the Participant agrees to the image being used.

4 The consent referred to above is given without territorial limitation for a period of 2 years. The Participant acknowledges that he/she has the right to revoke consent.

5 The Participant acknowledges that he/she won’t demand for any payment for the use of their image.

V Personal data processing rules

1 The Organizer is the data controller, within the meaning of the 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, hereinafter referred to as “GDPR”, of the Participants’ data.

2 The Participants’ data, including name, surname, image, and email address, company name, job position, will be processed by the Organizer to conduct activities related to the organization, conduct, and management of the Event, in particular in connection with:

2.1 sending an invitation to participate in the Event to the dedicated email address;

2.2 sending necessary communications to the specified email address, (also in the form of calendar invitations) necessary for the proper organization and management of the Event.

3 The Organizer will process personal data provided in the registration confirmation based on:

3.1 Article 6 sec. 1 (b) GDPR – necessity for the performance of the agreement (i.e. the By-laws), to ensure that the Participant is able to participate in the Event;

3.2 Article 6 sec. 1 (f) GDPR – the legitimate interests of the administrator or a third party, which are actions taken by the Organizer for the proper performance of the agreement (i.e. the By-laws) and the possibility of organising the Event;

3.3 Article 6 sec. 1(a) of the GDPR – on the basis of the Participant’s consent to use their image for the purposes of the promotion of the Event.

4 Personal data will be processed and secured by the Organizer in accordance with the applicable regulations on the protection of personal data, in particular in accordance with the GDPR.

5 We may transfer the personal data of the Participant to another country, including countries outside of the European Economic Area, under certain circumstances (in particular in the case of the publication of Participant’s image on social media). In the case of transfers to third countries for which there has not been a European Commission decision establishing an adequate level of data protection, we will rely on a derogation or exemption applicable to the specific situation (e.g. explicit or separate consent) or – we will implement appropriate safeguards (e.g. standard contractual clauses issued by the European Commission or binding corporate rules approved by the relevant supervisory authority, where applicable), to ensure the protection of Participant’s personal data. Copies of the safeguards applied can be obtained by contacting the email address set out in Section X (Contact).

6 Authorized personnel of the Organizer and processing entities, particularly suppliers providing support services and servicing the Organizer’s systems, will have access to personal data.

7 Personal data will be processed by the Organizer for a period not longer than necessary to achieve the processing purposes indicated in Paragraph 2 above, however, not longer than the period of the statute of limitations for claims or until revocation of consent.

8 Provision of the personal data referred to above is voluntary, but necessary to participate in the Event. The consequence of failing to provide data is the lack of possibility to take part in the Event.

9 Participants’ personal data are not subject to automated decision-making, including profiling.

10 The Participant has the right (to the extent applicable and determined by the provisions of the GDPR) to: access their data, correct or delete them, restrict processing, object to the processing of personal data, and receive a copy of their data and to withdraw consent to the processing of personal data at any time, without affecting the lawfulness of the processing carried out on the basis of consent prior to its withdrawal.

11 All of the above rights can be exercised by contacting the organizer at the email:

magdalena.kazubska@endeavor.org

12 The organizer has not appointed a Data Protection Officer.

13 If it is deemed that personal data is being processed unlawfully, there is a right to complain to the supervisory authority, which is the President of the Office for Personal Data Protection, Stawki 2 st., 00-193 Warsaw, Poland.

VI Participants’ obligations

1 The Participant is obliged to follow the instructions and orders issued by the Organizer, security services, or information services, including security staff, as well as to observe health and safety rules and fire prevention regulations.

2 The Participant bears full responsibility for his/her behaviour at the Event, undertaking to comply with safety standards and regulations.

3 The Participant is obliged to fully cooperate with the Organizer and security services in emergencies or threats situations.

4 During the Event, the Participant is not entitled to record audio and/or video of the course of such Event, without the written consent of the Organizer. In the event of making such recording without the Organizer’s consent, the Organizer may require the Participant to remove the recording, or if it has already been disseminated, to cease further dissemination and remove the recording from electronic media or from the Internet/Intranet, as well as to bear all costs associated with the removal of the consequences of the violation.

5 During participation in the Event, it is strictly prohibited to advertise products/services/entities other than those approved by the Organizer. The Participants who will violate this prohibition will be expelled from the Event and held liable.

VII Fees

1 Participation in Events is free of charge but requires a personalized Invitation.

VIII Security

1 Participants are required to following basic safety rules on at the Event area, including:

1.1 being careful and cautious in crowded places;
1.2 taking care of their own safety and avoiding risky behaviors that could endanger their own health or life, as well as others;

1.3 reporting any emergency or dangerous situations to the event Organizer or security personnel;
1.4 following all safety instructions issued by the Organizer and event security personnel;
1.5 In the event of an emergency, Participants are required to strictly follow the instructions of the security services and personnel responsible for evacuation.

IX Force majeure

1 In the situation of force majeure, i.e., unforeseeable, unavoidable, and beyond the Organizer control of random events, preventing or hindering the implementation of the Event according to the plan, the Organizer is not liable for any damages resulting from such events.

2 Events considered force majeure may include, but are not limited to: earthquakes, floods, fires, acts of terrorism, war, bans on public gatherings, decisions of administrative authorities, restrictions resulting from epidemics, pandemics, or states of emergency, and other unforeseeable and unavoidable events.

3 In the event of force majeure, the Organizer will take all possible actions to minimize the consequences and ensure the continued functioning of the Event, informing Participants of any changes to the plan or date through available communication channels.

4 If the Event does not take place (including, but not limited to, force majeure situations), the Organizer shall not be obligated to reimburse any costs to the Participants (e.g., travel expenses related to participation in the Event ).

X Contact details

In case of questions or doubts, the Organizer is available at the email address: magdalena.kazubska@endeavor.org,
phone: +48 786 603 929.

XI Final provisions

1 The Endeavor Foundation reserves the right to change the By-laws, informing about the changes on the website.

2 In the event of disputes arising from participation in the Event, the parties will seek to resolve them through negotiation, and in case of failure to reach an agreement, the disputes will be settled by the court having jurisdiction over the seat of the Endeavor Foundation.

3 The By-laws enters into force on the date of announcement on the Endeavor Foundation’s website.

4 The Events are of a closed nature and shall not constitute a mass event within the meaning of the Act of 23 March 2009 on Security of Mass Events (Unified text: Journal of Laws of 2023, item 616, as amended).

5 In case of questions, please contact the Organizer at the email address provided or by phone.

6 In case of discrepancies between the By-laws and other documents or announcements regarding the Event, this By-laws shall prevail.

7 In matters not regulated by these By-laws, the relevant provisions of Polish and European law shall apply, including (but not limited to) the provisions of the Civil Code and the GDPR.

8 The By-laws has been drawn-up in Polish and English language version. In case of any discrepancies, Polish language version shall prevail.