Whenever the words listed below, written with a capital letter, are used herein, their meaning is as follows:
- Organizer – ITMAGINATION Sp. z o.o. with its registered office in Warsaw (00-838, Poland), at Prosta 32, registered by the District Court for the Capital City of Warsaw, XII Commercial Division of the National Court Register under the number KRS 0000315903, Tax identification No. 5272587128, REGON 141608169, with a share capital of PLN 2 000 000 paid-in full;
- Referral Bonus System – a set of guidelines and rules that specifies how to submit Referrals in a proper way so that the Recommender is entitled to a Reward;
- Client – the entity, regardless of its legal form, that the Organizer render or rendered any services for such entity on any legal basis or such entity actually uses or used the Organizer’s services;
- Referral – the process of submitting by Recommended to Organizer his/her data and the documents required in application form, available at unique link sent to Recommended by Recommender, concerning an offer for a position in which paid services are to be provided to a Client;
- Recommender – a natural person with full legal capacity, who is polish tax resident and doesn’t have obligation to obtain any permission to work in Poland, who is not excluded from the Referral Bonus System according to Art. 2.4 of the Regulations and who refers the Recommended;
- Recommended – a natural person, recommended to the Organizer by the Recommender in accordance with the Regulations for a position in which paid services are to be provided to a Client;
- Reward – the monetary reward for the Recommender in the amount specified in Art. 5.2, payable on the terms and conditions set out in the Regulations; the Reward is not due in the events specified in Art. 2.4, in Art. 5 and in Art. 6.3 herein;
- Regulation – this Referral Bonus System Regulations;
- GDPR – 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).
§2. General provisions
- The Regulations in the present version shall apply from July 11th, 2022.
- Participation in the Referral Bonus System is voluntary and free of charge. Submitting the Referral is equivalent to acceptance of the Regulations by Recommender and confirmation that he/she is familiar with its contents.
- Only Referrals concerning an offer for a position in which paid services are to be provided to a Client hall participate in the Referral Bonus System.
- Individuals who have participated in the recruitment process concerning a given employee or co-operating partner (in particular Organizer’s staff members who are employed or co-operate within the Recruitment Department), as well as individuals directly managing or supervising the work carried out by the employee or co-operating partner and/or having an influence on the recruitment process (in particular Organizer’s staff members who are employed or co-operate as a Division Director, Team Manager, Delivery Center Manager, Delivery Coordinator, Business Development Manager, Account Manager) do not have the rights prescribed by these Regulations.
- It is forbidden to conclude any contracts or agreements and to make any arrangements or settlements between the individuals who have participated in the recruitment process concerning the employee or co-operating partner and the Recommenders, and between the individuals directly managing or supervising the work carried out by the employee or co-operating partner and the Recommenders, intended to affect the fulfilment or non-fulfilment of the terms prescribed in Art. 5 of the Regulations. Should any such contract, agreement or settlement be confirmed to have been concluded, the Organizer may refuse to assign or give the Reward.
- The Organizer declares that the Referral Bonus System is neither a game of chance, a tombola, a mutual bet, a game depending on coincidence, nor any other form provided for in the Act of 19 November 2009 on Gambling (unified text: Journal of Laws of 2020, No. 2094 with amendments).
§3. Technical requirements
In order to participate in the Referral Bonus System, the Referrer should have:
a. a connection to the Internet;
b. any web browser updated to the latest version;
c. an electronic address which the Referrer can independently dispose of to the extent necessary to carry out the provisions of the Regulations.
§4. Referral submission policy
- To participate in the Referral Bonus System it is necessary to generate a unique link referring to the recruitment process conducted by the Organizer. The link is generated after the Recommender fills in the referral form and clicks on "generate link" button. The referral form can be found on the Organizer's website next to recruitment process, on website tab “Careers” and under the link: www.itmagination.com/recommend-a-friend. The unique link leads to a subpage of the Organizer's website with the recruitment process, and the Recommender who generated the link may copy it and send it or share it with the Recommended, who may then use it to apply for a position in the recruitment process conducted by the Organizer, which will be equivalent to the Referral.
- Each Organizer’s staff member, after logging in to his/her account in the Employee Dashboard application in the “Candidate Referral Link” widget, has the possibility to generate a unique link for current recruitment process conducted by the Organizer. The link is generated after searching for the position and selecting from the list the current recruitment process for which the Staff Member wishes to submit the Referral, and clicking on “generate link” button. This link leads to the Organizer’s website, and the Organizer’s staff member who generated it may copy this link and send or share it with the Recommended, who by means of it will be able to apply for the position within the current recruitment process conducted by the Organizer, which will be equivalent to the Referral.
- Only application submitted by the Recommended directly via the unique link referred to in Art. 4.1 an Art. 4.2 and in accordance with the terms of the Regulations shall be treated as submitted within the Referral Bonus System and assigned to the Recommender.
- In order for the Referral to take place, the Recommended independently applies for a position within the current recruitment process, fills in his/her personal data (name, surname, e-mail address, country and optional phone number and LinkedIn profile), as well as submits his/her CV, by which grants all necessary consents to process his/her personal data in the recruitment process.
- The applications submitted in violation of these Regulations, including those without the required data as well as those containing false or incomplete data shall not be treated as submitted within the Referral Bonus System.
- The Recommender may not recommend him/herself. The Referral Bonus System shall not apply to the internal recruitment processes of the Organizer.
- The Referral meets the requirements of the Referral Bonus System and is taken into consideration if the Recommended is not already listed in the Organizer’s database.
- The Recommender shall be notified by the Organizer when the Recommended is qualified to participate in the recruitment process conducted by the Organizer and when the Recommended will commence co-operation with the Organizer.
- The Referral binds the Organizer for a period of six months starting from the date of its submission. During this period the Organizer shall consider the Recommended in various recruitment process which he conducts.
- The Recommender may submit any number of Referrals – none of them, however, should address the same Recommended.
- The Referral is possible only with the use of the unique link referred to in Art. 4.1. Thereby, The Organizer shall not accept any referrals submitted by any other means, including those sent via e-mail to the Organizer’s address.
- The Recommender may withdraw the Referral at any given time. Upon withdrawing a Referral, the Recommender is no longer a participant of the Referral Bonus System. In order to withdraw a Referral, the Recommender is to send a declaration of withdrawal to the Organizer’s e-mail address: email@example.com.
- The Recommender is not authorized to publicly represent the Organizer within the recruitment processes conducted by these entities, nor to make any statements on behalf of these entities related to the recruitment process. In particular, the Recommender is not authorized to make any declarations concerning terms of employment, including offered remuneration, without previous consultation and approval from the Organizer’s HR Department. Referral Bonus System.
- The Reward is financed from the Organizer’s own funds.
- The Rewards is PLN 10 000 (ten thousand) – if the Recommended accepts the offer of work or co-operation, signs an agreement with the Organizer and carries out the tasks specified therein for at least one full month.
- The mandatory condition for the acquisition of the right to the Reward is the Recommender’s compliance with the provisions of the Regulations.
- The Recommender is entitled to the Reward only after fulfilling the conditions referred to in Art. 5.2, in cases when the agreement between the Recommended and the Organizer enters into force within the period referred to in Art. 4.8 of the Regulations and the Recommended registers for the recruitment process via a link received from the Recommender.
- Under no circumstances shall more than one Reward be granted for the Referral of the same Recommender.
- In the case when the same Recommender has been recommended by more than one person, the right to the Reward, subject to fulfilment the conditions set out in the Regulations is acquired by the person from whose link the Recommender has previously applied for participation in the recruitment process.
§6. Results and entitlement to rewards
- On the last day of the month in which the conditions referred to in Art. 5.2 herein are met, the Organizer shall notify the Recommender via e-mail about granting the Reward, provided that none of the circumstances excluding the Recommender’s right to the Reward occurred.
- The Reward shall be paid pursuant to the mandate contract drafted by the Organizer. Such contract shall be drafted after fulfillment of requirements referred to in Art. 5.2 herein.
- The Recommender is obliged, within 7 days from receiving the notification about granting the Reward, to submit to the Organizer at the address: firstname.lastname@example.org data necessary for the drafting of the mandate contract. In case of failure to submit the required data within the above period, the Recommender forfeits the right to receive the Reward.
- The Reward shall be paid via bank transfer to the bank account of the Recommender by the 10th day of the month following the signing of the contract referred to in Art. 6.2-3 herein.
- When the Recommender is not Organizer’s staff member, the amount of the Reward is the gross value and shall be reduced by the amount of advance payments for income tax and social and health insurance contributions in accordance with the applicable law
- When the Recommender is Organizer’s staff member, the Reward referred to in these Regulations is an additional remuneration for the Recommender, which means that in the case of employed Recommenders under an employment contract, commission contract or contract for specific work, the amount of the Reward shall be reduced by the amount of advance payments for income tax and social and health insurance contributions in accordance with the applicable law. However, in the case of the Recommenders co-operating within the scope of their sole proprietorship and who are VAT taxpayers, the amount of the Reward is the net to which the Recommender, when issuing a VAT invoice for services rendered to the Organizer in the month when the Reward is granted, shall add the VAT amount in accordance with the applicable law.
§7. Personal data
- The controller of personal data is ITMAGINATION Sp. z o.o., based in Warsaw (00-838), ul. Prosta 32.
- By filling in the fields and clicking “generate link”, the Recommender agrees to the processing by the Organizer of his/her personal data contained in the fields referral form.
- The personal data of the Recommended and Recommenders shall be processed for the purpose of operating the Referral Bonus System on the basis of the legitimate interests pursued by the Organizer (i.e. the administration of Referrals, including the payment of the Rewards, the processing of the complaints), in accordance with Article 6(1), point (f) of GDPR.
- The personal data of the Recommended are additionally processed for the purpose of conducting the recruitment process in accordance with the information indicated under the unique link.
- You have the right to request access to, rectification, erasure, transfer or restriction of processing of your personal data and to object to its processing, and if you consider that the processing is unlawful, you have the right to lodge a complaint with the President of the Polish Office for the Protection of Personal Data.
- The personal data will be stored for the period necessary for the execution of the Referral Bonus System and the statute of limitation of any possible claims. The participation in the Referral Bonus System without providing personal data is not possible.
- Personal Data Contact: email@example.com.
- The Recommender has the right to report irregularities in the Referral Bonus System to the Organizer.
- Complaints are best submitted by means of sending a message to the e-mail address of the Organizer: firstname.lastname@example.org.
- The complaint should include the designation of the Recommender and the Recommended, and also a detailed description of the problem and the time and circumstances of its emergence. Lack of these components does not, however, result in the ineffectiveness of the complaint.
- The Organizer reviews the complaint and is to respond (by means of sending an e-mail message to the e-mail address provided in the complaint) to the complaint within 10 working days from the day of its submission.
§9. Unlawful content
In connection to the participation in the Referral Bonus System, the Recommender is forbidden to deliver material that is unlawful or unrelated to the Referral Bonus System, as well as material that violates the rights of others or their moral or customary principles. It is also forbidden for the Recommender to fill himself any data of the Recommended or to make any statements on his behalf. It is the Recommended who should independently to apply to participate in the recruitment process by using the link provided by the Recommender.
§10. Final provisions
- The Regulations are rendered available on the website https://www.itmagination.com/referral-bonus-system-regulations so that each Recommender can become familiar with its contents before taking part in the Referral Bonus System.
- The content in materials used for advertising and promotion that is related to the Referral Bonus System is for information purposes only. In the case of any discrepancies, the content of these Regulations shall prevail.
- The Regulations become effective on the day of its publication. The Regulations supersede all previous regulations concerning the Referral Bonus System.
- The Organizer reserves the right to amend the Regulations for important reasons, including in particular: any change in the generally applicable law which applies to the Referral Bonus System and poor performance of the Referral Bonus System. The Organizer shall inform about any amendments to these Regulations through the appropriate announcement posted on https://www.itmagination.com/referral-bonus-system-regulations.
- The provisions of the Regulations as of the date of the Referral shall apply to the Referrals made before the Regulations were amended.
- The Organizer reserves the right to exclude from the Referral Bonus System any Recommender who violates the provisions of the Regulations.
- We kindly ask to send any questions regarding the Referral Bonus System to the Organizer’s email address: email@example.com.