Business and Licence conditions

Business and Licence Conditions of the myTALKEY Service

 

provided by myTALKEY s.r.o., Company Reg. No. 02385694, with registered office at Obránců míru 237/35, Vítkovice, 703 00 Ostrava, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File 57779

 

  1. INTRODUCTORY PROVISIONS

1.1.       Conditions

1.1.1.            These Business and Licence Conditions of the myTalkey Service (hereinafter referred to as the “Conditions”) define the conditions of the distribution and provision of the myTalkey Service by the Operator to Users, and provision of the licence to the software used as part of the Service, and rules for using the myTalkey Service by Users.

1.1.2.            These Conditions form an integral part of the Contract concluded between the Operator and the User in accordance with these Conditions; the rules for making unilateral changes to the Conditions by the Operator are provided in Art. 8.4.

1.2.       Definitions of terms

1.2.1.            E-shop – an online store of the Operator, available at www.talkey.eu, containing an offer of products required for using the Service;

1.2.2.            Pricelist – in consistent with products in the E-shop on the website of the Operator;

1.2.3.            Period of Service – the period for which it is possible to use the service; the Period of Service is 1 year, unless the parties otherwise agree in the Contract;

1.2.4.            Licence Period – a period in which the User has paid the Subscription, and on which period is concluded the Contract and for which period the User has granted a License to use the Software and he is entitled to receive providing and use all the Operator’s released new versions of the Software;

1.2.5.            Middleware – software equipment intended for the communication between the User’s computer and Token, installed automatically into the User’s computer on the basis of the connection to the Token or Software installation;

1.2.6.            Conditions – these Business and Licence Conditions of the myTalkey Service, available at www.talkey.eu

1.2.7.            Operator – myTALKEY s.r.o., Company Reg. No. 02385694, with registered office at Obránců míru 237/35, Vítkovice, 703 00 Ostrava, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File 57779, a company operating the Service and granting the licence to use the related software;

1.2.8.            Subscription Fee – an amount of money after the payment of which the User is entitled to use the Service for a period as determined in the Operator’s Pricelist of Services;

1.2.9.            Service – myTalkey Service provided by an Operator in various versions upon the form of encrypted communication and file encryption that serves to protect electronic communication among Users through encryption of its content;

1.2.10.         myTalkey Service Service version which enables protection of e-mail communication through encryption of its content and protection of the computer files through encryption of their content using Token, public and private key and relevant software; the conditions shall apply to this Service version, unless otherwise specified;

1.2.11.         myTalkey Service software Service version which enables lower protection of e-mail communication through encryption of its content and lower protection of the computer files through encryption of their content using Software certificate storage, public and private key and relevant software; when using this version of the device Token not connecting, even in the case that in the text below stated otherwise; software certificate storage is used instead of Token;

1.2.12.         myTalkey Service free Service version which enables the lowest protection of e-mail communication through encryption of its content and the lowest protection of the computer files through encryption of their content using Software certificate storage, public and private key and relevant software; when using this version of the device Token not connecting, even in the case that in the text below stated otherwise; software certificate storage is used instead of Token; The Operator does not guarantee in any way the functionality and availability of service of this version, even when in the text below stated otherwise;

1.2.13.         Contract – a contract for using the Service, concluded between the Operator and the User in the manner as per Art. 2.10.;

1.2.14.         Software – the software equipment installed into the User’s computer, enabling the administration of the User’s security key and using the Service server to verify the encrypting certificates and communication between the Service server and the Token;

1.2.15.         Token – a transferable hardware device in the form of a key which is connectible to the User’s computer through the USB interface, containing the User’s personal encrypting certificate, provided by the Operator solely for the purpose of using the Service under the conditions as set in the Operator’s Pricelist of Services;

1.2.16.         Software certificate storage – a place in the computer containing personal encryption certificate of User provided by the Operator for the sole purpose of using the Service under the Conditions of the price list of the Operator;

1.2.17.         User – a natural or legal person who concluded the Contract for using the myTalkey Service with the Operator, and who was provided a Token and other necessary equipment for using the Service; if the User is a legal person who intends to provide the Service to his employees, the User is considered to be the legal person; in the software version Token does not provided;

1.2.18.         USB Backup– a transferable hardware memory device provided by the Operator for the backup of the User’s private key under the conditions as set in the Operator’s Pricelist of Services; in the software version USB Backup does not provided.

 

  1. SERVICE DESCRIPTION AND CONTRACT CONCLUSION

2.1.       The Service is based on using the certificates stored on the Token (a private certificate) and on the Service server (a public certificate) for encrypting the content of the e-mail communication between the Users through a supported e-mail client.

2.2.       To use the Service and encrypt the e-mail communication or files, the User’s system and his internet connection need to comply with the minimum system requirements, available at www.talkey.eu. A condition for using the Service is also the payment of the Subscription Fee for the Period of Service for which the User intends to use the Service. The Subscription Fee for the first Period of Service shall be paid when concluding the Contract, and then when the Contract is extended for the following Period of Service. The Subscription Fee will always only apply to the Service version it is paid for 1 year.

2.3.       The User who intends to use the Service shall connect the Token to his computer before sending an e-mail that should be encrypted, or the requirement to encrypt the file. If an User uses a version with the software certificate storage, Token is not attached. In the phase in which the e-mail addressee, or recipient of an encrypted file, is selected, it is verified as part of the Service whether the addressee is a user of the Service with the paid Subscription Fee for the respective Period of Service. It is only possible to send an encrypted e-mail or an encrypt file using the Service if the User connected the Token to the computer and paid the Subscription Fee.

2.4.       The e-mail or file will be encrypted in a manner enabling the e-mail or file sender and addressee to decrypt it only. Within the limits of the encrypting tools used as part of the Service, the e-mail of file cannot be decrypted by other users of the Service than the e-mail addressee. Concluding the Contract, the User confirms that he was familiarized with the technical specification of the Token, software certificate storage, and encrypting mechanisms, and is aware of their security limits.

2.5.       The addressee of an e-mail sent through the Service, or recipient of an encrypted file, needs to connect the Token to his computer to read it, and before reading the e-mail or file, he must have paid the Subscription Fee for the respective Period of Service.

2.6.       For using the Service, the Operator provides the User, according to the version Services, with:

2.6.1.            Token – a hardware USB device with security certification FIPS 140-2 level 3; the Token cannot be used as a universal token for other purposes than for the Service;

2.6.2.            USB Backup, delivered to the User by the Operator together with the Token;

2.6.3.            access to the Service, on the basis of the Subscription Fee payment, including:

–           a licence to use the Software for the purposes of the respective Service version, in the scope as per Art. 3., and to the related Middleware, intended for the communication between the User’s computer and the Token;

–           access to updates and new versions of the Software;

–           access to the Service certification servers, intended for the verification of the validity of the Users’ certification keys and ensuring the access to the public keys

–           authorization to use the Operator’s e-mail and telephone support, in the scope and in the manner as detailed in Art. 5. of these Conditions;

and if the User concludes the Contract for a new Service under the conditions as per Art. 2.7., a new Token and USB Backup are not required. Individual items provided by the Operator according to this article for using the Service must be paid according to the Operator’s Pricelist of Services, available at the Service website.

2.7.       The Service is always linked to a specific e-mail address, and the User is entitled to set up the Service separately to a count of e-mail addresses according to Version of Service for one Subscription Fee. Further, for one Subscription Fee, the User is also entitled to activate several Tokens for the same e-mail addresses, which the User may buy from the Operator separately. The User is entitled to change the e-mail address which the Service is set up to once per Licence Period, free of charge, on the basis of a request sent to the Operator. Other changes of the e-mail addresses during the Licence Period should be paid for, according to the Operator’s Pricelist of Services.

2.8.       The User shall protect the USB Backup against loss or damage, and keep it separately from the Token. If the Token was lost or damaged, the USB Backup should be used to restore the User’s personal certificate; it contains one backup for such purpose only. The Operator does not guarantee the faultless function of the USB Backup for all the duration of the contractual relationship with the User. In view of the fact that the non-function, loss or availability of the USB Backup or its content to third parties may result in insufficient security of the User’s e-mail communication or files and leak of the encrypted content to third parties and impossibility to read the encrypted e-mail communication or files, the Operator strongly recommends the Users to create another backup of the personal certificate in other storage facilities.

2.9.       Should the Token or the USB Backup be lost or non-functional, the User shall contact the Operator through the User Support in the manner as detailed in Art. 5 of these Conditions.

2.10.    Contract conclusion

2.10.1.         To use the Service, the User needs to conclude a Contract with the Operator. The Contract may be concluded through the E-shop, or outside the E-shop through the Operator’s sales agent or authorized dealer. If the Contract is concluded through the E-shop, it is not concluded in written form, and is concluded by remote communication means. If the Contract is concluded outside the E-shop, it may also be concluded in written form.

2.10.2.         A person interested to conclude the Contract at the E-shop website should put the selected item (package containing the products required for using the Service) in the virtual shopping basket, enter his identification and invoicing data, the selected method of the payment of the Subscription Fee, and send the order through the E-shop interface. The user may choose between different payment methods that are available on the E-shop on delivery to pay the Subscription Fee. If the User chose any method of cashless payment, he will be asked to pay. An order is completed when the cashless payment is made, or when the order is sent to the Operator if cash on delivery was chosen, and it is considered as a proposal for concluding the Contract.

2.10.3.         After the order and cashless payment are received (if the User chose such method of payment), the Operator will send the User the order receipt confirmation, including the recapitulation of the entered data and payment receipt confirmation. Then the Operator will send the consignment with the items required for using the Service and invoice regarding the received payment to the User. The Operator will normally send the consignments to Users through Česká pošta or courier service; the transport costs are listed in the E-shop and notified to the User during the order generation process. If the User decides to pay cash on delivery, he will be asked to make the payment to the mail carrier upon receipt of the consignment.

2.10.4.         If the User concludes the Contract outside his trade or outside of his individual profession, the Contract becomes a Consumer Contract as referred to in § 1810 et seq. Law No. 89/2012 Coll. of the Civil Code. The Contract concluded via E-shop becomes a Contract concluded via distance way as referred to in § 1824 et seq. of the Civil Code.

2.10.5.         Upon concluding the Contract, the title to the Token and the USB Backup will pass to the User, when the consignment with products (Token and USB Backup) is opened; at that time the User becomes entitled to use the Software for the purpose as per these Conditions. Till the original package of the products in the consignment is opened, the User is entitled to terminate the Contract without giving a reason, regardless of the fact whether he is an entrepreneur or consumer. In such cases, the Operator will refund the paid Subscription Fee to the User, reduced by the costs for the consignment transport to the User. Further, the Contract termination by the User – consumer will be governed by Art. 2.12.

2.10.6.         On the basis of concluding the Contract, the Operator undertakes:

–           to provide the User with a package containing the items as per Art. 2.6.1 and Art. 2.6.2;

–           to grant the User the right to use the Software and the Middleware;

–           to give the User the access to the Service certification servers through the Software;

–           to provide the telephone and e-mail support to the User;

–           to ensure the availability of the Service server at 99.9% of the total time for which the Service is provided to the User;

2.10.7.         On the basis of concluding the Contract, the User undertakes:

–           to take over the Consignment with the items

–           to use the Service in accordance with the Contract and these Conditions;

–           not to provide the Token and access code (PIN) to third parties;

–           to observe the minimum system requirements for the computer configuration and internet connection;

–           to observe the basic safety rules for securing the computer and inner network in which the computer is used, available at www.talkey.eu;

–           to update the computer operation system regularly.

2.11.    Contract term and extension

2.11.1.         For Services with recurring payments, the Operator undertakes operate the Services for a Period corresponding to the Period of Service, for which is paid Subscription;

2.11.2.         For Services with a single payment, the Operator undertakes these Services will operate for at least 12 months from the date of conclusion of the Contract;

2.11.3.         The first Period of Service Operator provides bonus for 14 days, covering the period to transport shipments to User and install Software on User’s computers;

2.11.4.         The Contract may be extended by paying the Subscription of Service for another Period, and after receiving the payment Operator sends an invoice to User. Contract duration is extended at the moment receipt of Subscription by the Operator, the new service period begins to run from the end of the previous period (if the payment of Subscription made by the User before its termination), or upon receipt of a Subscription (if it is paid after the completion of the previous license period). Contract can extend this manner repeatedly. Extension of the Contract does not require the purchase of a new Token or USB Backup.

2.12.    Termination of the Contract by the User

2.12.1.         The User is authorised to withdraw from the Contract without giving any reason within a period of 30 days from the receipt of the consignment with the received products as referred to in Article 2.10.5. Withdrawal period shall be considered to be respected if the mail consignment is verifiably dispatched within that period and it contains written declaration of will of the User to withdraw from the Contract and at the same time if the mail consignment is dispatched containing products sent by the Operator as referred to in Article 2.10.5. The costs incurred in sending the consignment under this Article shall be paid by the User to the Operator. In the non-delivery of all products and items sent in shipment by User to Operator pursuant to Art. 2.10.5 arises Operator is entitled to damages for undelivered products to the User;

2.12.2.         If the User who is also a Consumer withdraws from the Contract as stated in the previous Article, the Operator is required to repay the User the entire costs including transport costs associated with consignment of the goods to the User, not later than 14 days after withdrawal, but not earlier than the date of receipt of the consignment with returned products from the User. If the Operator offers more transport options of the consignment to be delivered to the User, the User is obliged to repay the Operator only the transport costs corresponding to the cheapest way of the consignment transportation to the User of the transport modes being offered by the Operator at the time when the Contract was concluded and irrespective of the mode of transport the User actually used.

2.12.3.         If the User who is not a Consumer withdraws from the Contract, the Operator is required to repay the User only the costs corresponding to the already paid subscription and already paid products being sent by the Operator as referred to in Article 2.10.5.

2.12.4.         The User who withdrew from the Contract within the meaning of this Article is responsible to the Operator for the damage incurred as a result of the damage of goods caused otherwise than by a normal usage for their intended purpose. The Operator is entitled to claim compensation from the User for damage of the original Token packaging which is damaged otherwise than by a common way of opening, or for Token being damaged or back-up USB key being damaged otherwise than by its normal connection to the appropriate port. The Operator is entitled to offset his claim for compensation of damage incurred by the User as a demand of User who shall be entitled to a refund due to the withdrawal from the Contract.

2.13.    Other cases of the Contract termination

2.13.1.         The Operator is entitled to terminate the Contract if it is breached materially by the User according to section 2002 of the Civil Code.

2.13.2.         The User is entitled to terminate the Contract if the Service is not available repeatedly beyond the scope of the guaranteed availability as per Art. 2.10.66. of these Conditions for more than 2 days.

2.13.3.         If the Contract is terminated due to any reason under this article, the Operator shall refund an aliquot part of the paid Subscription Fee, corresponding to the proportion of the time remaining to the end of the respective Licence Period and the time expired from the beginning of the Licence Period to the termination effective date.

2.13.4.         The termination under this Contract may be executed by an e-mail sent to the other party, or in writing by a letter sent to the address of the other party.

 

  1. LICENSE ARRANGEMENTS

3.1.       Upon concluding the Contract and opening the original package of the products contained in the consignment, or by downloading and installing the software version, the Operator grants the User a licence, i.e. the right to exercise the author’s proprietary rights to the Software, in the scope as necessary for using the Service for the purpose as determined by these Conditions, in the following scope:

3.1.1.            the licence is granted as nonexclusive;

3.1.2.            the licence duration is not restricted;

3.1.3.            the License period for which the User is authorized to use the updated and new versions of the Software released by the Operator is limited to the period for which the User has paid the Subscription. After the end of License period, the User may use the Software version, which was released by Operator as the last of the license period;

3.1.4.            the licence is granted for payment, and the licence fee is included in the Subscription Fee;

3.1.5.            the quantity limits of the licence are determined by the number of Tokens and number of e-mail addresses to which the Service was set up for the User;

3.2.       The User is not entitled to grant any sub-licences to third parties, nor to assign the licence to third parties. The transfer of the licence authorization in consequence of legal facts, including the comprehensive transfer of the rights and obligations to a third party (particularly corporate transformations – mergers), will not be affected by this provision, provided that the rights to the e-mail address to which the Service was set up also pass to the third party as part of such facts.

3.3.       The User is not obligated to use the licence. Should the licence not be used, however, the User will not become entitled to the refund of the Subscription Fee.

3.4.       The User is not entitled to decompile the Software or its parts, including the Middleware, to otherwise process, translate or reproduce it, or to modify the Application, or to decompile or dissemble the Application, in any other manner than he is entitled under the provision of section 66 of Act No. 121/2000 Coll., Copyright Act.

3.5.       Components (software libraries) licensed in Open Source and Shareware were used in the Software under the following licence conditions:

3.5.1. Qt (http://www.qt.io/)

3.5.2. OpenSSL (http://www.openssl.org/)

3.5.3. Outlook Redemption (http://www.dimastr.com/redemption/download.htm)

The Operator is responsible for the compliance the Software provision to the User with the said licence conditions, however, he is not responsible for the compliance of the following use of the Software by Users with the licence conditions.

3.6.       Upon unpacking the Token and its connection to the User’s computer, the Operator grants the User a sub-licence to use the Middleware solely for ensuring the communication between the Token and the respective computer. The sub-licence is granted to a person into whose computer the Middleware is legally installed (even if the person is different from the User). The original holder of the author’s proprietary rights to the Middleware is the manufacturer who granted the Operator the right to disseminate the Middleware in the manner as determined by these Conditions. The Operator is responsible for the compliance of these Conditions and conditions for granting a sub-licence with the licence conditions of the Middleware manufacturer.

3.7.       The sub-licence to the Middleware is granted as nonexclusive, limited for the Licence Period, and the User is not entitled to grant any sub-licences to use the Middleware, nor to make it available to third parties in any way. The Middleware to the same Token may be used on a maximum of two computers.

 

  1. PRICE FOR USING THE SERVICE

4.1.       The User is obliged to pay the Operator the amount for using of the Service in form of subscription for a subsequent Period of Service. Provision of Token, back-up USB key and further services is subject to individual payment and the price can be paid along with subscription for the first Period of Service on conclusion of the Contract. Amount paid for subscription, equipment and any further services is stipulated by the Service price list available on the Service websites. Amount paid for subscription follows the price list version available on the Service websites at the time of sending the order as referred to in Article 2.10.2 or at the time of sending the Contract prolongation request as referred to in Article 2.11.3.

4.2.       The Subscription Fee may be paid as follows:

4.2.1.            by on-line payment methods, available through the payment gateway within the E-shop interface;

4.2.2.            by standard bank transfer into the Operator’s account;

4.2.3.            in cash on delivery to the mail carrier.

4.3.       For accounting purposes, the taxable supply is the time that the payment is received by the Operator. The payment of the Subscription Fee is subject to VAT according to valid legal regulations.

4.4.       The paid Subscription Fee includes

4.4.1.            licence fee for using the Software and Middleware for the Licence Period;(when concluding the contract even when its extension under Art. 2.11.)

4.4.2.            price for the provision of the access to the Service certification server and support. (when concluding the contract even when its extension under Art. 2.11.)

4.5.       If the Subscription Fee is paid when concluding the Contract, the Operator will send the User an invoice regarding the received payment electronically to the e-mail address. Should the Contract be extended, the Operator will send an invoice for the payment to the User by e-mail to his e-mail address.

4.6.       In the event of multiple use of the Service by one User (a bigger number of e-mail addresses activated among several Tokens in accordance with Art. 2.7. of these Conditions, particularly if the Service is set up for several employees of the User), the Operator is entitled to unify all Licence Periods of the User so that they would finish on the same day, and to charge all Subscription Fees to the User in the aggregate. For such purpose, the Operator is entitled to demand that the User would pay an aliquot part of the Subscription Fee for the period preceding the unified Licence Period.

 

  1. User Support

5.1.       The Operator will provide the User Support to Users in the following forms:

5.1.1.            responding to e-mail requests

5.1.2.            responding to requests entered through the Operator’s information system (Helpdesk);

5.1.3.            hot-line.

Unless specified on the relevant Support websites concerning the User support otherwise, the User support is provided.

5.2.       In addition to the forms of support as per the previous article, the User will be provided printed instructions for using the Service as part of the consignment, which may also be downloaded in electronic form from the Service website.

5.3.       The right to use the User Support may be exercised by all Users who paid the Subscription Fee for the Licence Period in which they requests for support. Users of the free version of the Services are not entitled for support. If there are too many requests for support, the Operator is entitled to reduce the support provision to the User.

5.4.       The contact information for using individual forms of support is available in the relevant section of the Service website, including the hours during which the support workers are available.

5.5.       If requests are sent by e-mail, the Operator will respond within 3 hours from their receipt. If the response period is to finish at the time that support is not provided, the response period will be kept if the response is sent to the User within 3 hours from the beginning of the next support provision interval.

5.6.       In accordance with the above article, the Operator’s response is considered to be

5.6.1.            provision of information to solve a problem, or

5.6.2.            beginning of solving a problem which cannot be solved by a single response;

5.6.3.            sending a request for additional information to the User regarding the requirements as per Art. 5.6.3, or

5.6.4.            reference to an available source of information, sufficient to answer the User’s request, or

5.6.5.            information to the User that the request exceeds the scope of the provided support.

5.7.       Requests for the User’s support should contain at least the following information:

5.7.1.            identification of the User;

5.7.2.            identification of the problem, including the description of its manifestation, system messages, etc.;

5.7.3.            specification of the User’s system environment;

5.7.4.            if the Operator offers several types of Tokens, specification of the Token type.

5.8.       The Operator does not guarantee that the User’s problem will be solved within the period as per Art. 5.5. The Operator may determine detailed conditions of the User Support provision in a separate document, published at the Service website.

 

  1. COMPLAINTS, LIABILITY FOR DAMAGE AND DEFECTS

6.1.       The Operator is responsible for the availability of Service in the range of 99.9% of the total length Period of Service. Service availability is the possibility of contacting the Certificate Server of Service by the User for the purpose of encrypt e-mail or file for another user, or for reading. In the case of Service with a single payment is the availabilit always measured by each calendar year separately, for purposes of these Terms Operator guarantees that 99.9% of the time the calendar year that Service will be available. Any unavailability for each of the calendar years not stack. Availability is guaranteed only to those Users who have paid Subscriptions, use the Token manner required by the Operator and comply with the minimum system requirements specified by the Operator.

6.2.       The Operator gives a guarantee for the function of the Token and the USB Backup for 1 year. Thus the option of the Users who are consumers to exercise the right under the liability for defects of the Token and the USB Backup, covering 24 month from their takeover, is not affected. The guarantee according to this article of the Conditions also relates to Users – entrepreneurs.

6.3.       The Operator is not liable for any non-function or reduced function of the Software and impossibility to encrypt the content of an e-mail, or to read an e-mail, if such problems are predominantly caused by:

6.3.1.            improper use of the Software, Token or e-mail client;

6.3.2.            insufficient or not existing connection to the internet;

6.3.3.            provision of incorrect or incomplete information by the User to the User Support;

6.3.4.            infecting the User’s local network or computers with viruses (spyware, malware, etc.), or hacker attack, or other similar external attack;

6.3.5.            non-function of the User’s hardware;

6.3.6.            leak, or disclosure of the access code to the Token to third parties;

6.3.7.            loss, or accessibility of the Back USB Backup or its contents to third parties;

6.3.8.            reaching or exceeding the limits of the used encrypting algorithms.

6.4.       All complaints and claims regarding the Service defects shall be submitted by the User to the Operator through the User Support, using the procedure as per Art. 5.

6.5.       The Operator is not liable for proving the identity of Users, and it is not the purpose of the Service. The Service is not an electronic signature equivalent or supplement according to the relevant legal regulations. The Operator is not also liable for the content of the e-mail communication and any consequences resulting from a breach of the content due to using the Service.

6.6.       The Operator is liable for damages incurred by the User due to a breach of the Operator’s obligations under these Conditions, the liability applies to damages actually incurred, but not to any damage in the form of lost profits. The Operator is liable to the User for damages according to this provision up to an amount equal to two paid Subscription Fees for the Licence Period during which the damage was incurred. The Operator is not liable for any indirect or secondary damages which do not relate directly to a breach of the Operator’s obligations under these Conditions.

6.7.       The Operator is not also liable for any damage incurred due to an extraordinary and unforeseeable obstacle, arising independently on the Operator’s will, according to section 2913 par. 1 of the Civil Code (particularly the damage or destruction of the Service encrypting server in consequence of a natural disaster, etc.). The liability will only be excluded for a period during which such obstacles exist.

6.8.       The Operator is not liable for content of the User files which were encrypted by the Service.

6.9.       The Operator is not liable for the content of communication among Users within which the Service is used. Liability of the Operator for the content of communication is governed by the Law No. 480/2004 Coll. on Certain Information Society Services.

6.10.

  1. PERSONAL DATA PROTECTION AND SENDING COMMERCIAL MESSAGES

7.1.       The User who is not a natural person agrees with processing his personal data by the Operator, in the scope in which they were provided for the purpose of concluding the Contract, or handling complaints. Unless otherwise determined by the Operator in a specific case, such provided data will include the User’s name and surname and his delivery address and e-mail address. For handling complaints, it may be necessary to provide other personal data.

7.2.       The Operator will process and use the User’s personal data solely for delivery of a consignment and provision of the Service to the User. Such data will not be disclosed or provided to third parties, except the cases where it is necessary in order to fulfil legal obligations of the Operator.

7.3.       The Operator will process Users’ personal data for a necessary period to fulfil the obligations under the Contract, or till all rights and obligations under the Contract are fully settled.

7.4.       The Operator will process Users’ personal data through his employees who are familiarized with their duties when handling personal data, and such personal data will not be provided to any third parties, except the cases where it is necessary to fulfil legal obligations of the Operator. All persons as stated above shall maintain confidentiality of the Users’ personal data, even after the termination of their employment.

7.5.       The seller neither collects nor processes any sensitive data of the Users as detailed in Act No. 101/2000 Coll., Personal Data Protection Act.

7.6.       The User is entitled to have access to the personal data to whose processing he gave consent to the Operator, and is entitled to correct such data. The User confirms that he provided the personal data voluntarily, and that they are intended for his necessary identification as a party to the Contract, and fulfilment of the Operator’s obligations under the Contract. The User represents that he is aware of all his rights in accordance with section 12 and 21 of Act No. 101/2000 Coll., Personal Data Protection Act.

7.7.       Providing the personal data to the Operator is voluntary. The User acknowledges that the consent given to personal data processing according to this article 7. can be withdrawn at any time. If the User intends to withdraw his consent, he shall send a written notice to the Operator as the personal data administrator. The User, however, also understands that if the consent is withdrawn, it may become impossible to fulfil the obligations under this Contract.

7.8.       The Operator hereby represents that he has taken adequate technical and organizational measures to prevent any unauthorized or accidental access to Users’ personal data, particularly secured all data storage facilities in accordance with the current security standards, implemented electronic means to protect the data against hacking, viruses and other malware, secured his premises against forcible entry of unauthorized persons, and implemented the limited access to the data by means of access rights.

7.9.       The operator is entitled to use the User’s e-mail address for sending the information about the Service and related products. The User is entitled to refuse sending such information to his e-mail address at any time by an e-mail, sent to the Operator’s e-mail address.

 

  1. FINAL PROVISIONS

8.1.       If the User is a foreign entity, the Czech law will apply to the legal relationship created under the Contract, or any other legal relationship created in relation to using the Service. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

8.2.       These Conditions form an integral part of the Contract, and their wording is available to the Users at the E-shop website, and the User is entitled to download and archive them at any time. If the User concludes several Contracts with the Operator in the course of time, each of the contractual relationships will be governed by the version of the Conditions which was effective at the time that the Contract was concluded, unless it was modified by the Operator as per Art. 8.4.

8.3.       Should any provision of these Conditions be invalid or ineffective due to any reason, such a fact will not lead to the invalidity and ineffectiveness of other parts of the Conditions of the Contract.

8.4.       Changes to Business Conditions

8.4.1.            The Operator is entitled to modify these Conditions adequately unilaterally, predominantly due to changes of legal regulations, technological changes affecting, for example, the Operator’s communication with the Users, and options and procedures of concluding Contracts, as well as if the Services provided by the Operator are extended or changed.

8.4.2.            If the Operator modifies the Conditions, he shall notify the Users of such changes at least 30 days before the date that the new version of the Conditions becomes effective, by an e-mail sent to their current e-mail addresses. The notice will also include the new wording of the Conditions in the .pdf format, or in another format enabling the Users to display the text of the Conditions and their simple archiving. The User is entitled to refuse the modified Conditions in writing by a letter sent to the Operator’s address, or by an e-mail sent to the Operator’s contact address. If the User does not refuse the Conditions, it is understood that the new wording (new version) of the Conditions was accepted by using the Service for the first time after the date that the new version became effective; it only applies if the new version of the Conditions was sent to the User in due time.

8.4.3.            If the User notifies the Operator that he does not accept the modified Conditions, the original wording of the Conditions will apply to all legal relations arisen between the Operator and the User till then. In such cases, the Operator is entitled to terminate the provision of the Service as per Art. 2.132.4.

8.5.      These Conditions become effective on 16/07/2015