These Terms define the rules for using the CompetenceGame.com website by business Clients and the rules for providing competency assessment services using Competency Games.
The owner of the Website, operator of the tool and technical service provider is Instytut Badań i Rozwoju IOCUS Sp. z o.o. with its registered office in Warszawa, ul. Jarzębinowa 8, 03-289 Warszawa, KRS: 0000403329, NIP: 5242747768, REGON: 145896998, share capital PLN 5,000, hereinafter referred to as "IOCUS" or the "Service Provider".
The distributor, seller of access to the tool and the entity providing commercial support and issuing invoices in the basic sales model is PGS Pracownia Gier Szkoleniowych Sp. z o.o. with its registered office in Warszawa, ul. Puławska 39/2, 02-508 Warszawa, KRS: 0000272315, NIP: 1181883540, REGON: 140845246, hereinafter referred to as "PGS" or the "Distributor", unless the order expressly indicates another seller.
The Client purchases access to the Website through the Distributor and uses the Website maintained by IOCUS. Acceptance of the Terms is required to use the Website, regardless of which entity issues the invoice for access.
The Website is used to conduct competency measurement of Participants invited by the Client, to generate competency reports and, within a separate scope of IOCUS, to conduct research, validation, calibration and improvement of the tool using anonymised data or voluntary survey and research data processed by IOCUS as a separate controller.
The Terms are intended exclusively for Clients who are not consumers. A natural person not conducting business activity may not be a Client.
The processing of personal data in connection with the use of the Website takes place in accordance with the GDPR, the Act of 10 May 2018 on the Protection of Personal Data, the Act of 18 July 2002 on the Provision of Electronic Services, the Act of 12 July 2024 - Prawo komunikacji elektronicznej to the extent applicable, and other applicable provisions.
| Term | Meaning |
|---|---|
| Website | the CompetenceGame.com web portal, including the Competency Games, Measurement System, HRpanel, invitation mechanisms, reports and other modules used to perform the Service. |
| Service Provider / IOCUS | Instytut Badań i Rozwoju IOCUS Sp. z o.o., the owner of the tool, operator of the Website and the entity ensuring the technical performance of the Service. |
| Distributor / PGS | PGS Pracownia Gier Szkoleniowych Sp. z o.o., the entity conducting sales, distribution, commercial support, invoicing and after-sales support of the tool within the scope agreed with the Client and IOCUS. |
| Client | an entrepreneur, employer or other non-consumer entity that orders access to the Website and organises a Project. |
| User | a natural person authorised by the Client to use HRpanel, create Projects, invite Participants or view results on behalf of the Client. |
| Participant | a natural person invited by the Client to take part in the Project, for example a candidate, employee, co-worker or participant in a development programme. |
| Service | making the Website available, conducting the Competency Game, calculating results by the Measurement System, generating the Report and making it available to the Client within the scope specified in the Terms and the order. |
| Project | a competency assessment or assessment cycle created by the Client in HRpanel for a specific purpose and group of Participants. |
| Competency Game | an online application used to measure competencies on the basis of the Participant's actions in the game environment. |
| Measurement System | a module that records Participants' actions and calculates competency indicators; it does not generate a binding recommendation regarding employment, rejection, a cut-off threshold or an automated decision. |
| Report | an individual report, team report or summary of competency results generated in the Website and made available to the Client. |
| Project Data | Participants' personal data processed to perform the Project on behalf of the Client, in particular identification data, contact data, participation status, actions in the Game, measurement results and the Report. |
| Survey and Research Data | voluntary demographic and contextual data provided by the Participant directly to IOCUS, for example age range, gender, education, general professional experience, experience with games/tests. These data are not processed on behalf of the Client and are not made available to the Client. |
| Token | an access unit enabling the Client to invite a Participant to one Competency Game within a Project, in accordance with the order. |
| GDPR | Regulation (EU) 2016/679 of the European Parliament and of the Council. |
| Data Processing Agreement | the provisions of these Terms, a separate agreement or an appendix defining the rules for entrusting the processing of Participants' personal data in accordance with Article 28 GDPR. |
The Client places an order through the Distributor or in another manner agreed with IOCUS. The order specifies at least the scope of access, the number of tokens or another settlement model, the period of validity of access and the data needed for commercial and technical support.
The Distributor may provide IOCUS with the Client's and Users' data necessary to activate access to the Website, in particular the Client's name, contact person's data, Users' e-mail addresses, the scope of ordered access and payment information. This transfer does not include Participants' data, unless the parties expressly and lawfully agree otherwise for a specific support service.
IOCUS creates or activates the Client's access to HRpanel after receiving information about the order and after fulfilment of the commercial terms agreed with the Distributor.
Use of the Website requires a User account and authorisation granted by the Client. The Client is responsible for the actions of its Users, managing permissions and withdrawing access from persons who have lost the basis for using HRpanel.
In order to conduct an assessment, the Client creates a Project, selects Competency Games, completes information for Participants and invites Participants by providing e-mail addresses or using another mechanism made available in the Website.
The Client is obliged to complete in the Project or provide to the Participant before the assessment begins clear information on: the name and details of the Client as controller of Project Data, the purpose of the assessment, the scope of use of the Report, the legal basis for data processing, the expected data retention period and the method of contact regarding the Participant's rights.
Before starting the assessment, the Participant accepts the Participant Terms and receives information on data processing. Joining the Project does not constitute consent to the processing of personal data if the Client bases processing on another legal basis in accordance with the GDPR.
The individual Report is made available to the Client in HRpanel after the Game has been completed and the result has been calculated by the Measurement System, subject to token availability or another settlement model.
The team Report and summaries present Participants' results within the scope of Website functionality. They do not constitute an automatic recommendation, decision ranking, cut-off threshold or prediction of the Participant's success.
The results of a Participant's earlier assessment may be used in a new Project only if the Participant has been informed of this, the Client has an appropriate legal basis, the use is adequate for the purpose of the Project, and the action complies with the GDPR, labour law and the principle of data minimisation.
The rules for the sale of tokens, packages, subscriptions or other forms of access are specified in the order, offer or price list presented to the Client by the Distributor or IOCUS.
In the basic sales model, the Distributor is the entity issuing the VAT invoice and conducting settlements with the Client. If the order expressly indicates direct sale by IOCUS, the invoice is issued by IOCUS.
One token, as a rule, entitles the Client to invite one Participant to one Competency Game, unless the offer or order provides otherwise.
A token is deemed used at the moment of effective invitation of the Participant to the Game, unless the functionality of the Website or the order provides for the possibility of recovering the token before the Participant begins participation.
The Client is not entitled to a refund of a token or fee if, after starting the Game, the Participant does not complete the assessment for reasons beyond the control of IOCUS, unless the order or mandatory provisions of law provide otherwise.
After the expiry of the validity period indicated in the order, unused tokens may be cancelled without the right to a fee refund, unless the offer or order provides otherwise.
Any settlement complaints concerning an invoice, payment or order are addressed by the Client to the entity that issued the invoice, with a copy to IOCUS if the complaint may affect access to the Website.
The Client uses the Website only in accordance with the Terms, the purpose of the Website, the GDPR, labour law and other applicable provisions.
The Client is responsible for the lawfulness of the Project purpose, selection of Participants, legal basis for data processing, fulfilment of information obligations, assessment of the adequacy of the assessment for the purpose and lawful use of Reports.
In recruitment processes, the Client should in particular ensure that the scope of data and the method of using the Report are necessary, proportionate and related to the requirements of the position. The Client may not use the Website to obtain data that it has no right to request from a candidate.
The Client may not enter into the Website special categories of personal data, data concerning criminal convictions and offences or other data unnecessary for the performance of the Project.
The Client may not request IOCUS or PGS to disclose Participants' Survey and Research Data, in particular information on age, gender, education, professional experience, experience with games/tests or answers from the demographic and research survey.
The Client may not make the Participant's participation in the Project or any decision concerning the Participant conditional on consent to the voluntary IOCUS demographic and research survey.
The Client undertakes not to make decisions concerning the Participant based solely on automated processing of results from the Website if the decision produces legal effects concerning the Participant or similarly significantly affects the Participant, unless the Client independently ensures full compliance of such action with Article 22 GDPR and other applicable provisions.
The Client ensures genuine human involvement in the analysis of results and does not treat the Report as the sole basis for a recruitment, HR, payroll, promotion, training or organisational decision.
The Client is responsible for the security of User accounts, confidentiality of passwords, current permissions and promptly informing IOCUS of suspected unauthorised access.
The Client and Users may not use the Website in a manner that disrupts its operation, circumvents security measures, hides basic technical data or infringes the rights of IOCUS, PGS, Participants or third parties.
IOCUS makes the Website available, maintains the Measurement System, ensures the technical conduct of the Game, calculation of results and making Reports available to the Client in accordance with the Terms and the order.
IOCUS applies appropriate technical and organisational measures ensuring a level of security appropriate to the risk, taking into account the nature of the data, scope of processing, state of technical knowledge and implementation costs.
IOCUS processes Participants' Project Data only on the documented instruction of the Client, unless the obligation to process results from European Union law or the law of a Member State.
IOCUS ensures that persons authorised to process data have undertaken confidentiality obligations or are subject to an appropriate statutory duty of confidentiality.
IOCUS does not make available to PGS Participants' reports, Project Data, Survey and Research Data or raw gameplay data, unless the Client, IOCUS and PGS enter into separate, lawful arrangements concerning a specific support service, and the scope of access is necessary and properly secured.
IOCUS organisationally and technically separates Survey and Research Data from data made available to the Client. These data are not visible in the Client's HRpanel, reports, summaries or exports for the Client.
IOCUS deletes or anonymises data in accordance with the applicable retention periods, the Terms, the Data Processing Agreement, the Client's instructions and applicable provisions.
IOCUS is the controller of personal data of Users using HRpanel to the extent necessary to create, maintain and secure the account, manage permissions, perform the Service, handle submissions, ensure security, pursue or defend claims and fulfil legal obligations.
PGS is a separate controller of the data of the Client, persons representing the Client, contact persons and settlement data in the scope of sales, distribution, invoicing, commercial and after-sales support and PGS's own legal obligations.
Categories of Client and User data may include: the Client's name, registration data, address, data of representatives and contact persons, e-mail addresses, business telephone numbers, invoice data, order history, package or token information, User account logs and correspondence.
The legal basis for processing the data of a Client who is a natural person is Article 6(1)(b) GDPR in the scope of concluding and performing the agreement; Article 6(1)(c) GDPR in the scope of tax and accounting obligations; and Article 6(1)(f) GDPR in the scope of handling representatives, contact, security, complaints, pursuing or defending claims and commercial and after-sales support.
Client and User data are stored for the duration of the agreement or use of the Website, and then for the limitation period of claims, the period required by tax and accounting provisions or the period necessary to handle submissions, security and defence of claims.
The Client and Users have the rights specified in the GDPR, in particular the right of access to data, the right to a copy of data, rectification, erasure, restriction of processing, objection, data portability in cases provided for by the GDPR and the right to lodge a complaint with the President of Urząd Ochrony Danych Osobowych.
In the scope of Project Data processed to perform the Project, the Client is the controller of Participants' personal data and IOCUS acts as processor on behalf of the Client within the meaning of Article 28 GDPR.
If the parties have not entered into a separate data processing agreement, this section constitutes provisions on entrusting personal data processing in accordance with Article 28 GDPR.
The subject matter of the entrusted processing is the processing of Participants' Project Data for the purpose of performing the Project and providing the Service.
The duration of the entrusted processing covers the period during which the Client uses the Service and the period of storing Project Data after the end of the Project in accordance with the Terms, the order, the Data Processing Agreement or the documented instruction of the Client.
The nature of processing includes in particular: collection, recording, organisation, storage, retrieval, consultation, use, recording of the Participant's actions in the Game, analysis, calculation of results, creation of Reports, making Reports available to the Client, restriction, erasure and anonymisation.
The categories of data subjects include Participants in Projects, in particular candidates, employees, co-workers, participants in development programmes, training programmes or other projects organised by the Client.
Categories of Project Data may include: first and last name, e-mail address, Project identifier, participation status, technical data necessary for the operation of the Website, actions performed in the Game, measurement indicators, individual Reports, data included in team reports and summaries, and data contained in technical or complaint submissions if they concern the performance of the Project.
Survey and Research Data, including data on age, gender, education, professional experience and experience with games/tests, are not covered by the processing entrusted by the Client, because the Client does not determine the purpose or means of their processing, has no access to them and may not use them.
IOCUS may use further processors to the extent necessary to provide the Service, in particular providers of hosting, technical infrastructure, e-mail, security tools and technical support. IOCUS enters into agreements with them compliant with Article 28 GDPR.
IOCUS informs the Client of intended changes concerning the addition or replacement of further processors, giving the Client the opportunity to object if such an obligation results from the Data Processing Agreement or legal provisions.
Personal data processed within the Website are not transferred outside the European Economic Area or to international organisations, unless the parties separately agree such transfer and appropriate safeguards required by the GDPR are ensured.
Taking into account the nature of processing, IOCUS assists the Client through appropriate technical and organisational measures in fulfilling the obligation to respond to Participants' requests and the obligations concerning processing security, personal data breaches, data protection impact assessments and consultations with the supervisory authority.
After the end of providing the Service, IOCUS, in accordance with the Client's decision, deletes or returns Project Data and deletes their copies, unless the law requires further storage of the data or IOCUS processes specific data as a separate controller for a legally permissible purpose.
If the Client does not specify a shorter period, Project Data in the Website are stored for the default period of 12 months from the end of the Project, and then deleted or anonymised, unless further storage is required by law or necessary for the establishment, exercise or defence of claims.
Technical data and security logs may be stored by IOCUS as controller for a period not longer than 2 years from their recording, unless longer storage is necessary to explain an incident, prevent abuse, comply with a legal obligation or pursue or defend claims.
IOCUS makes available to the Client the information necessary to demonstrate compliance with the obligations set out in Article 28 GDPR and allows audits or inspections on the terms agreed by the parties, taking into account Website security, trade secrets, the rights of other clients and reasonable organisational requirements of IOCUS.
IOCUS may collect voluntary Survey and Research Data from Participants in order to conduct research, validation, calibration and improvement of the CompetenceGame tool, provided that separate consent is obtained from the Participant.
Survey and Research Data are not collected on behalf of the Client, are not an element of the Service provided to the Client within the Project and do not form part of the Report or summaries available to the Client.
The Client acknowledges and accepts that it has no right of access to Survey and Research Data, may not request their disclosure and may not use them in recruitment, HR, development or other processes concerning Participants.
IOCUS applies measures of minimisation, pseudonymisation, aggregation and anonymisation. Survey and Research Data in a form allowing them to be attributed to the Participant are processed until consent is withdrawn or until anonymisation, but no longer than 12 months from collection, unless the Participant has given separate consent for a longer period.
After anonymisation, IOCUS may use Anonymous Data indefinitely for statistics, research, publications, Website development, improvement of Service quality and calibration of measurement models, because Anonymous Data do not constitute personal data within the meaning of the GDPR.
The Client may not suggest to Participants that participation in the IOCUS demographic and research survey is mandatory or draw negative consequences against Participants who refuse to provide such data or withdraw consent.
The Measurement System performs automated calculation of competency indicators based on the Participant's behaviour in the Game. This calculation may constitute profiling, but it is not a decision of IOCUS concerning the Participant.
IOCUS does not make recruitment, HR, payroll, promotion, training or other decisions producing legal effects concerning the Participant or similarly significantly affecting the Participant.
The Client is responsible for the interpretation of the Report and decisions made concerning the Participant. The Client undertakes to ensure genuine human assessment, the possibility of taking additional information into account and the possibility for the Participant to challenge the result or present their position where required by law or the principles of a fair process.
The Client may not present the Report as a medical, clinical or psychological health diagnosis, personality diagnosis or guarantee of professional success. The Report is a tool supporting the assessment of competencies within the adopted measurement model.
IOCUS secures the Website against unauthorised access, data loss, breach of integrity and other security events in a manner appropriate to the risk.
The Client ensures that only authorised persons who need access to perform the purpose of the Project have access to HRpanel and Reports.
The Client promptly informs IOCUS of any suspected security breach, unauthorised access to a User account, disclosure of a password, erroneous invitation of a Participant or other event that may affect data protection.
IOCUS informs the Client of a breach of protection of Project Data without undue delay after becoming aware of the breach, to the extent required by Article 33 GDPR and Article 28 GDPR.
IOCUS is responsible for the proper technical operation of the Website within the scope resulting from the Terms and the order, taking into account the nature of the electronic service and possible technical interruptions.
IOCUS is not responsible for the Client's decisions made on the basis of Reports, in particular recruitment, HR, payroll, promotion, development, training or organisational decisions.
IOCUS is not responsible for incorrect e-mail addresses of Participants, inviting the wrong person, incorrect information on the purpose of the Project provided by the Client or the use of results contrary to law or the Terms.
Competency measurement is performed according to the adopted research and psychometric model. IOCUS exercises due care to ensure that the measurement is reliable and valid, but does not guarantee that the Report reflects the absolute level of competencies in all possible professional contexts.
The Website may be temporarily unavailable due to failures, actions of third parties, maintenance works, updates, force majeure events or actions necessary for Website security.
Technical complaints concerning the operation of the Website should be submitted to: reklamacje@competencegame.com, within 30 days from the occurrence of the event or its noticing.
The complaint should contain the Client's name, contact details of the reporting person, a description of the problem, the name of the Project or Game and information needed to reproduce the problem.
IOCUS reviews the technical complaint within 14 days of receipt and informs the reporting person of the outcome electronically.
Commercial, payment or invoicing complaints are addressed by the Client to the entity that conducted the sale or issued the invoice, subject to the cooperation of IOCUS to the extent necessary to explain access to the Website.
Exclusive copyrights and other intellectual property rights to the Website, Competency Games, Measurement System, measurement models, reports, methodology, graphic elements, documentation and other elements of the tool belong to IOCUS or to entities that have granted IOCUS appropriate licences.
Use of the Website does not transfer to the Client, User or Participant any intellectual property rights, unless the parties expressly agree otherwise in writing.
The Client and Users may not copy, distribute, make available, decompile, modify, reverse engineer or use elements of the Website outside the scope resulting from the Terms, the order and mandatory provisions of law.
IOCUS may amend the Terms for important technical, organisational, legal, security or development reasons or reasons resulting from changes to Website functionality.
IOCUS informs Users of amendments to the Terms through HRpanel, by e-mail or by publishing a new version of the Terms in the Website.
An amendment to the Terms enters into force on the date indicated in the amendment notice. Use of new tokens, new Projects or new Website functions may require acceptance of the current version of the Terms.
Matters not regulated by the Terms are governed by Polish law.
If any provision of the Terms proves invalid or ineffective, the remaining provisions remain in force, and the parties should replace the invalid provision with a provision as close as possible to the economic and legal purpose of the original regulation.