Regulations on the usage of the INCOS integration platform provided by BCT – Bałtycki Terminal Kontenerowy Sp. z o.o.

1. Definitions and interpretation

BCT – BCT – Bałtycki Terminal Kontenerowy Sp. z o.o. at ul. Kwiatkowskiego 60, 81-127 Gdynia, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under the KRS number: 0000024234, holding NIP [Tax ID No]: 586 10 19 759

INCOS platform – – a communication platform for management of railcar substitutions at BCT allowing users to enter and retrieve data using system integration and through a user interface available at: https://www.incos.pl. The purpose of this application is to eliminate the communication rush associated with coordinating railcar substitutions for service at the terminal, by determining the optimal service plan and its efficient implementation without any interruptions. The INCOS platform facilitated the upload and download of data either automatically between the systems of participating partners or semi-automatically through the upload and download of excel files

Administrator of the platform – an entity that administers, maintains, manages, and makes the platform available to users and ensures the smooth functioning of the INCOS platform in terms of logic and technology (software and hardware). Currently, the Administrator of the platform is the IT department of BCT - Bałtycki Terminal Kontenerowy Sp. z o.o.

User – a natural person including a self-employed person (entrepreneur) or a legal person or an organizational unit without legal personality, having a login and password and using the functionalities offered on the INCOS platform

Administrator of the company – the person designated by the entity that is a user of the platform during the company registration process. The Administrator of the company manages users within its organization (adding and blocking) and general company data (contact information, location definition and infrastructure at disposal). The Administrator of the company also has the ability to perform operational activities on the platform to the same extent as a standard user.

Standard User – an employee of a company that is a user of the platform identified by name, surname, and e-mail address, who is assigned access by the Administrator of his company and performs activities on the platform in accordance with the scope of roles assigned to the user (company).

Login – The user’s e-mail address provided when logging in to access the INCOS platform, download, enter, edit, and view data.

Password – a string of characters protecting against unauthorized access to the INCOS platform.

Regulations – these regulations defining the principles of using the INCOS platform functionality. Acceptance of the provisions of these Regulations is implemented by selecting the appropriate check button on the platform login screen.

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), OJ EU L 2016.119.1.

Act on Providing Services by Electronic Means – Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws 2002, No. 144, item 1204, as amended).

Tariff – the current tariff of BCT – Bałtycki Terminal Kontenerowy available on BCT’s website in the “For Customers” tab, at: http://www.bct.gdynia.pl/dla-klientow/taryfa-bct

BCT Customer Procedures and Policies – all regulations, orders, procedures, and instructions applicable to customers and partners cooperating with BCT are posted on BCT’s website in the “For Customers” tab,

Operating Regulations - Appendix A to “Terminal Services – Standard Terms and Conditions”, which defines the rules for notification of trains/railcars to the terminal and their service (handling); Part III , “Land handling operations”, point C., “Railcars service”.

User Manual – INCOS platform user manual describing all available platform functionalities, roles, tasks, and responsibilities of users.

Confidential data – means the details regarding containers intended for handling, railcars to be serviced, cargo handlers, and handling points.

Public data – means general user data such as name, address, description of infra- and super-infrastructure, location, railcars movement data and statuses of processes running on the platform.


2. General Provisions

a. The administrator of the platform provides and maintains the INCOS platform for users free of charge. There are no fees for using the INCOS platform functionality.

b. The legal basis for uploading, downloading and modifying data on the INCOS platform is (governed by) : the Personal Data Protection Act of 10 May 2018 (Journal of Laws 2019.1781, consolidated text of 2019.09.19), GDPR provisions and the regulations on providing services by electronic means. .....


3. Rights and obligations of INCOS platform users

a. All users are required to familiarize themselves and comply with the provisions of the User Manual and the rules of railroad operation on BCT contained in the Operating Regulations.

b. Users of the system have the right and obligation to use all functionalities offered by the platform within the framework of the assigned access and role

c. Users are obliged to follow the rules of interaction on the platform and conscientiously supply it with information according to their assigned role and functionalities described in the user manual. They are obliged to enter their data diligently, truthfully, and according to available knowledge and in good faith.

d. BCT is not responsible for the accuracy of data provided by users

e. The user is responsible for proper and prompt data entry in accordance with the user manual and INCOS platform collaboration rules

f. All possible costs incurred as a result of missing or incorrect data will be directed to the user who entered it (or should have entered it).

g. The user is obliged to update its company and dictionary data on the platform if it changes through the relevant functionalities or by contacting the administrator of the platform.

h. In case of objective communication difficulties preventing the user from using the INCOS platform, the user is obliged to immediately notify the Administrator of the platform by e-mail at incos@bct.gdynia.pl.

i. The user has the right to report problems in the functioning of the platform to the platform administrator and requests aimed at further development of the platform and its improvement.


4. Rights and obligations of the Administrator of the platform

a. The Administrator of the platform will maintain the platform in full functionality and allow users to use the functionality provided to them within their assigned role

b. The Administrator of the platform can emergency replace a particular user and execute actions for it to maintain the logical consistency of the system. Such replacement action may be due to objective (temporary) difficulties in communication or as a result of the user’s negligence and inactivity on the platform. In the case of inactivity not due to objective communication difficulties, the Administrator of the platform has the right to charge fees for acting in place of the user (currently specified in the BCT Tariff).

c. The Administrator of the platform registers the user by granting access to the company administrator of the user in question.

d. The Administrator of the platform is obliged to update the dictionary data of the platform at the request of users.

e. The Administrator of the platform shall provide users with training materials in the form of an updated user manual and technical support.

f. Notifications to the Administrator of the platform should be sent to the following e-mail address incos@bct.gdynia.pl

g. The Administrator of the platform is obliged to respond to the user’s request within 24 hours from the moment of registration of the request, excluding weekends and holidays (*mentioned as public holidays in the BCT tariff)

h. The Administrator of the platform within its capabilities will further develop and improve the platform so that it meets the needs of users.

i. The Administrator of the platform has the right and obligation to block the account of the administrator of the company and/or standard user in the event of gross violations by this user of the provisions of these Regulations or Cooperation Regulations of BCT clients


5. Joining and withdrawing from cooperation on the NICOS platform

a. The user expresses its willingness to join the platform by contacting the Administrator of the platform by e-mail at incos@bct.gdynia.pl providing a set of required data determined by the administrator of the platform

b. The administrator confirms acceptance of the user by assigning access and password to the administrator of the user’s company.

c. Creating an administrator of the user’s company means automatic cooperation on the platform under the terms set in these regulations.

d. The user may withdraw from the platform by notifying the administrator of the platform by the following e-mail address incos@bct.gdynia.pl. In this case, the user’s company administrator account will be blocked as well as all standard user accounts.

e. The user may resume its cooperation on the platform by informing the administrator of the platform. In this case, its accounts will be unblocked and made available again


6. Data confidentiality

a. The owner of the data provided on the platform is the user entering it. It is guaranteed access to its data and the ability to process it

b. The data provided on the platform is administered and stored by the administrator of the platform

c. The data entered by users on the platform is used only for the coordination of railcars/train substitutions at BCT and is not used for any other purpose.

d. The administrator of the platform guarantees the confidentiality of confidential data, which is available only to users directly participating in the process defined on the platform. Users who are not involved in a particular process carried out on the platform do not have access to it.

e. Public data is visible to all users logging into the platform.

f. Data collected on the platform may be made available by the administrator of the platform to various institutions for research, scientific and statistical purposes only and with the prior consent of the users.


7. Protection of personal data

a. The administrator of the platform and users share the business data of their chosen representatives with each other. Such provision is carried out on the basis of the legitimate interests of the administrator and the users within the meaning of Article 6 (1) (F) of the GDPR, relying on the ability to properly collaborate on the platform and exchange the necessary information to carry out the process of substituting railcars for service at the terminal

b. Detailed rules regarding the processing of personal data of users or their representatives by the administrator of the platform, to the extent necessary for the implementation of activities on the platform and the provisions of the Regulations of Procedure, have been regulated in a separate document entitled “Information clauses with a description of how they are presented to the persons whose data are processed” available on the BCT website (www.bct.gdynia.pl) in the “For Customers” tab.

c. As part of the registration procedure, each user sets its account password independently. The requirements for the content of the password are communicated to the user during registration.

d. The user agrees not to share the data needed to log in to the platform with unauthorized persons. The consequences of making the data referred to in the preceding sentence available to unauthorized persons will be borne by the user.


8. Responsibility

a. The administrator of the platform is not responsible for damages resulting from the use of the Platform in a manner inconsistent with applicable law or these Regulations, as well as damages resulting from the User providing false data.

b. The administrator of the platform is not responsible for the loss of the User’s Account or for third parties gaining possession of the User’s Account or the password to the User’s Account for reasons beyond the administrator of the platform control.

c. The administrator of the platform is not responsible for the deletion of the User’s Account or Content posted by the User for the reasons specified in the Regulations, and for the loss of data posted by the User on the Platform in connection with the deletion of the User’s Account for the reasons specified in the Regulations

d. Given the free nature of the Administrator of the platform, the Service Provider is not responsible for the non-functioning or malfunctioning of the Platform for reasons beyond the Service Provider’s control.


9. Final provisions

a. These regulations are effective from 01.02.2021.

b. In matters not covered by these Regulations, the provisions of generally applicable law, in particular the Civil Code, the Act on providing services by electronic means, will apply.

c. The administrator of the platform reserves the right to change the regulations. In the event of changes to the regulations, the administrator undertakes to inform about the changes by posting relevant information on the platform no later than 14 calendar days before the introduction of the changed regulations.

d. The current regulations including any changes can be found at: https://www.incos.pl