Terms and conditions
of Digital factory s.r.o. company number: 06988377,
with its registered office at Pražákova 1008/69, Štýřice, 639 00 Brno,
for the use of the Application used for the electronic conclusion and storage of contracts and the provision of licenses for contract templates
“Application” = a publicly available online tool for concluding and storing documents operated by Digital factory s.r.o. at the website www.signi.com
“Price list” = a list of prices for unlocking individual Templates for editing, inserting a completed document from a file and a list of prices and services in case of concluding a Cooperation Contract published here.
“Signi” = a tool enabling creation and conclusion of documents and obtaining licences to use contract templates
“Client” = a person who uses the Application to secure its commercial, business, or similar activities through individual Users
“Regulation” = Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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)
“Guest Account” = a one-time account created in the Application which, at the User’s invitation, shall only allow the document to be signed or rejected
“Guest” = a person who enters into a contract through the Application without having created an User Account
“Civil Code” = Act No. 89/2012 Sb., Civil Code, as amended
“Terms and Conditions” = these terms and conditions issued by the Operator
“Operator“ = a corporation entitled Digital factory s.r.o., company number: 06988377, with its registered office at Pražákova 1008/69, Štýřice, 639 00 Brno
“Role in Workspace” = the role of the User in the Workspace assigned by the User who set up the Workspace
“Cooperation Contract” = a contract concluded between the User and the Operator, the subject-matter of which is the Operator’s commitment to provide the Signi Application for use under the conditions stipulated in this Contract and these Terms and Conditions
“Personal Data Processing Contract” = Article 8 of these Terms and Conditions which, in accordance with Article 28 of the Regulation, regulate the relations between the User as the Controller of personal data and the Operator, who is in the position of the Processor of personal data
“User” = a person who has set up a User Account in the Application
“User Account” = the User’s account created in the Application by registration pursuant to these Terms and Conditions
“Template” = a template of contract or other document that can be modified and electronically signed in the Application
“Website” = the website at the address www.signi.com
“Workspace” = functionality of the Application that enables you to set up a virtual workspace, within which the User may assign various user rights to other Users, create and conclude documents, save work in progress and concluded documents.
2. Introductory provisions
Pursuant to Section 1751 (1) of Civil Code, these Terms and Conditions regulate mutual rights and obligations arising on the basis of or in connection with the use of the Application.
Contact details of the Operator are: e-mail: firstname.lastname@example.org, contact address: Digital factory sro, Kavčí Hory Office Park, Building B, Na Hřebenech II 1718/8, 140 00 Prague 4. The Operator represents that all the current data, in particular the contact details, are published on the website in the “Contact” section.
The Application is used for electronic conclusion of documents, both by means of distance communication and in the simultaneous presence of two or more persons who conclude the document through the Application. The Application also enables the import of concluded documents from the User’s computer or cloud storage, search and use of the Templates, either those that are already integrated into the Application in the default version, or those that were uploaded to the Application based on individual requirements of the User.
The User is enabled to create a User Account in the Application. The User Account is created by filling in the data required for registration, confirming the consent to these Terms and Conditions, confirming the consent to the Personal Data Processing Rules, clicking on the “Create an account” button and then clicking on the “Verify e-mail” button displayed in the e-mail message that has been sent to the e-mail specified within the registration. Subsequently, the corresponding Workspace is created for the User according to the information entered in the registration. The User acknowledges that he/she is entitled to create only one Workspace as a natural person, one as a natural person performing business, and an unlimited number of Workspaces as a legal entity. By setting up the User Account, the User is obliged to comply with these Terms and Conditions.
After creating an Account and the first Workspace, the User receives 3 credits that are deposited into the User Account which entitles the User to create and subsequently conclude 3 documents.
In case that any provision of the Terms and Conditions is in conflict with the concluded Cooperation Contract or the Personal Data Processing Contract, the agreement specified in the relevant Contract shall prevail.
The Operator expressly highlights that the use of the Application is charged according to the applicable Price List. The Operator notifies and the User acknowledges that the Operator is entitled to unilaterally change the prices in the Price List. The Operator states that the User is allowed to use some functions of the Application free of charge.
The User acknowledges that his/her personal data are processed within the use of the Application. These data include, for example, name and surname, e-mail address, photo, telephone number, address, date of birth, etc. All information regarding the processing of personal data is governed by the Personal Data Protection Policy.
If the User uses Signi for his/her own needs, he/she is in the position of the Controller of personal data and the Operator is the Processor of personal data within the meaning of generally binding legal regulations. The rights and obligations related to the processing of personal data are regulated in Article 8 of the Terms and Conditions.
In case the Client uses the Application to secure the commercial, business, or similar activities, it is the Client who is the Controller of the personal data processed in connection with the use of the Application, while the Operator is the Processor of personal data within the meaning of generally binding legal regulations. The rights and obligations related to the processing of personal data are governed by the Personal Data Processing Contract, these Terms and Conditions shall apply only if a certain issue is not regulated in the Personal Data Protection Contract. In this case, the User is in the position of the data subject. The Client is liable for the proper and lawful processing of his/her personal data, including the fulfilment of the information obligation and enabling the exercise of other rights.
Modification of the legal relationship between the Client and the User, who performs certain activities for the Client within the Application or has access to the documents and information stored therein, is not covered by these Terms and Conditions. In such a case, the User is obliged to follow the Client’s instructions when accessing and working in the Application.
The User also acknowledges that the functions of the Application and services provided through the Application are not the sale of goods and therefore it is not possible to withdraw from the contract concluded with the Operator under the conditions specified in Section 1829 of Act No. 89/2012 Sb., the Civil Code (hereinafter only the “Civil Code”) (i.e. within 14 days of the conclusion of the contract).
The Operator expressly represents, and the User acknowledges that the Operator is not liable for the contents and the content and formal accuracy of the documents that the User uploads to the Application.
The Operator is also not liable for the relevance and correctness of the Template modification made by the User, nor for the fact that the User uses the Template that is appropriate for the given matter. The Operator is also not liable for the fact that the Template fail to cover all the situations required by the User. The Operator highlights and the User acknowledges that each case is individual, and the Templates are not able to cover all the possible situations. The Operator therefore recommends consulting a lawyer for each specific case and modifications.
The rights and obligations of the User shall also apply to the Guest in a reasonable manner.
3. Rights and obligations of the Operator
The Operator undertakes to comply with these Terms and Conditions and also to ensure:
- necessary permits and fulfilment of applicable requirements to enable electronic signing of documents by the User;
- continuous updating of technologies necessary for the functionality and security of the Application;
- continuous optimization of relevant parts of the Application for mobile and desktop devices, new versions of browsers and to ensure the proper functioning of the Application;
- if so agreed between the Contracting Parties, the Operator also undertakes to develop the Application on the basis of individual requirements of the User;
- if so agreed between the Contracting Parties, the Operator undertakes to regularly transfer the User’s data to the agreed repositories;
- if so agreed between the Contracting Parties, the Operator undertakes to retain the User’s data for the agreed period beyond the general period according to the Terms and Conditions, while ensuring confidentiality, integrity, and availability of the data for the duration of the agreed period and erasing the data after the agreed period or transferring the data to the other Contracting Party in the agreed form upon request;
- in case of requirements of the User under the conditions specified in the Price List, to enable the integration of the User Templates into the Application, access to the module for Application branding, and also access to the API for integration of the Application with the User’s systems and applications;
- monitoring the Application and its parts and monitoring the servers on which the Application is located, in particular with regard to ensuring the availability and increasing the security of the Application;
- if so agreed between the Contracting Parties, the Operator undertakes to provide training for the User to the agreed extent;
- secure the data against any possible misuse, in particular by encrypting them and other appropriate measures.
The Operator is not liable for any damage or harm incurred by the User as a result of the Application being unavailable or having limited functionality. The Operator is also not liable for any harm incurred by the User as a result of force majeure.
The Operator is entitled without prior notice:
- to cancel or deactivate the User Account or access data thereto at any time in case the User violates these Terms and Conditions;
- to limit, modify, or change the manner of operation of the Application at any time, or, after a prior notification of the User carried out at least 90 days in advance, to terminate the Application completely;
- at any time, delete or restrict access to the User Account which is fictitious or duplicate, or which is created for another person in an unauthorized way;
- delete or restrict access to the User Account containing false information at any time;
- delete or restrict access to the User Account at any time where the User Account has been deleted in the past as a result of these Terms and Conditions being violated and the User has not agreed with the Operator on the method of settlement;
- delete or restrict access to the User Account at any time where the User violates or incites to violate legal regulations, good morals of competition, or if the User damages the reputation of the Operator or the Application or any of the other Users;
- delete or restrict access to the User Account at any time if the User has not performed any activity or made any payment in the Application for more than 2 years. The concluded contracts shall not be affected by this deletion.
The exercise of the Operator’s rights specified in this Article shall not affect its right to compensation for damage or non-material damage incurred by the User as a result of breach of the User’s obligations under these Terms and Conditions or the applicable legal regulations.
4. General obligations of the User
By accepting the Terms and Conditions, the User undertakes to:
- use the Application in good faith and not interfere with or harm the rights of other Users and not to misuse the Application for activities contrary to good morals or legal regulations;
- use the Application only in a way that does not restrict or prevent the use of the Application by other Users, i.e. in particular to use the Application in a way that does not overload the Application;
- refrain from decompiling the code, attempts to disrupt the functionality or availability of the Application, obtaining and processing information from the Application in violation of the Terms and Conditions and applicable legal regulations, disclosing or transmitting the information exploitable for the above-mentioned cases to other persons or third parties, including their communication in public forums;
- immediately inform the Operator of technical, security, legal, and other problems related to the provision of Services, if such problems are detected by the User, and provide reasonable cooperation to the Operator in their analysis and restoration back to perfect condition;
- not to use the Application for the presentation and dissemination of ideas that are contrary to good morals or unlawful, or incite such conduct;
- to create the User Account in order to use the Application;
- in case the User is a natural person, reach the age of 18 before setting up the User Account;
- provide true and accurate data when setting up the User Account and at the same time, maintain these data constantly up-to-date within the User Account;
- refrain from any action that could damage the reputation of the Operator or the Application or another User;
- not to engage in any activity leading to any breach of network security, in particular circumventing the system of secure login, obtaining or using (User Accounts and) passwords of other Users, disclosing or not protecting their passwords from disclosure to other persons, disclosing information that are susceptible to be misused for impairing the Application functionality or data contained in the Application to other persons;
- to act in such a way that it shall not cause any harm to the Operator or other Users and in the event that its actions cause harm to the Operator or other Users, then to compensate such damage;
- pay the Operator a fee according to the applicable Price List, under the conditions specified below.
By accepting these Terms and Conditions, the User acknowledges that:
- to use the Application, it is necessary to have a User Account created;
- the services provided through the Application do not include an Internet connection and the User is obliged to ensure this at their own expense, with the Operator not being liable for any damage caused by failures of the User’s Internet connection;
- in case the User does not expressly disagree, the Operator is entitled to use the name of the User or his/her Workspace for reference purposes, i.e. in particular to inform third parties that the User uses the Application;
- the User is not entitled to any remuneration in connection with any promotion of the Application, unless otherwise agreed with the Operator;
- the Operator enables through the Application the electronic creation and signing of documents that the User creates from the Templates, or from a document that he/she imports into the Application. In no case is the Operator liable for the information contained in the imported documents and also for the information added to the Templates by the User, or for any changes done by the User to the Templates. The Operator is not liable for the correctness of the Templates integrated into the Application upon express request of the User and delivered by the User to the Operator;
- the Operator shall not in any way guarantee the Users’ ability to enter into any agreement with the counterparty or the ability to sign the document and the User acknowledges that prior to concluding the contract or signing the document he/she shall sufficiently verify the other party’s ability to enter into such a contract or sign the document;
- the User is not entitled to use the Templates commercially for their own profit, i.e. in particular to provide licenses to use the Templates to third parties for a fee, unless the Operator and the User agrees otherwise;
- the User is responsible for ensuring compliance with the Regulation when collecting personal data prior to entering them into the Application, in particular for ensuring the lawfulness of personal data collection, fulfilment of information obligations towards subjects of personal data processed by the User in the Application.
Each User is fully responsible for the fact which persons shall be enabled the access to their User Account or Workspace, and for the fact that all the persons having access and authorization to use their User Account, or, where applicable, Users within Workspace who have been assigned individual Roles in Workspace, will comply with these Terms and Conditions.
The User is not entitled to assign the rights or obligations arising on the basis of the Terms and Conditions to any third party without the written consent of the Operator.
The User waives the right to claim from the Operator compensation for damage incurred thereby within the use of the Application. The Operator acknowledges that in this way, it is not possible to waive the right to compensation for damage of natural rights incurred by the User or caused intentionally or through gross negligence.
By confirming the Terms and Conditions, the User consents to use the Application in accordance with the rules set out in these Terms and Conditions.
The User is entitled to terminate the use of the Application at any time and cancel their User Account with the exceptions listed below. The User acknowledges that the cancellation of the User Account shall not affect the duration of contracts concluded through the Application or on the validity of documents signed through the Application.
5. Types of cooperation and method of payment
Cooperation between the User and the Operator may take place in three ways, namely:
- cooperation in the form of credit;
- regular cooperation in the form of a subscription;
- individual cooperation.
The cooperation in the form of credit is carried out as follows:
- After creating an Account and the first Workspace, the User is credited with 3 credits to their User Account which entitle the User to create and conclude 3 documents.
- The User is enabled to insert a completed document into the Application which he/she has stored on their computer, phone or tablet, or on any external storage.
- The User confirms their intention to create a document from the uploaded file by clicking on the “Save and continue” button, and thereby 1 credit will be deducted.
- If the User has a sufficient number of credits in their Account, he/she may edit the document, add other signatories, determine places in the document where the signatures shall be inserted, sign the document, and subsequently send it.
- The User has access to the document created in this way for a period of 2 years from its conclusion.
- If the User fails to have enough credit in their Account to create a document from the uploaded file, he/she is redirected to a page where he/she chooses the required number of credits from the menu, clicks on the “Buy” button and then is redirected to the payment gateway, where the payment is carried out based on the Price List. Credits are credited to the User Account immediately upon successful completion of the payment.
Regular monthly cooperation is carried out as follows:
- The User has the option to choose a variant of the regular monthly payment at any time after creating the Account. The monthly payment includes the services listed in the Price List and is automatically renewed every 30 days.
- By pressing the “Take subscription” button and confirming by pressing the “Buy” button, the User is redirected to the payment gateway and asked to pay the amount for the given scope of cooperation determined on the basis of the Price List. The monthly payment is activated immediately upon successful completion of the payment.
- After making the payment, the User is enabled to create, edit, and sign a predetermined number of documents and at the same time, he/she will be provided with other services as listed in the Price List.
- The User acknowledges that by pressing the “Buy” button to confirm the will aiming at the payment on a monthly basis, a Cooperation Contract is concluded between the Operator and the User which is always concluded for 30 days.
- If the predetermined number of credits contained in the monthly payment is used up, the User is allowed to create and conclude documents in the form of credit.
- The User acknowledges that the lump sum arising from the Cooperation Contract, or from the Price List, is payable one month in advance and the User is not entitled to a refund of the entire or proportional part of the paid lump sum in the event of cancellation of the User Account or transition to cooperation in the form of credit;
- The User is entitled not to renew the Cooperation Contract at any time and to switch back to cooperation in the form of credit by clicking on the “Cancel subscription” button.
- The User has access to the document created in this way for a period of 2 years from its conclusion.
Individual cooperation consists in close cooperation between the User and the Operator according to individual conditions stipulated on the basis of the Cooperation Contract.
As part of the Individual Cooperation, the Operator shall make one or more of the following Application services available to the User:
- Possibility to modify the Templates that are integrated into the Application in the default version, or those that have been uploaded to the Application on the basis of individual requirements of the User. The User acknowledges that the upload of own templates is charged according to the Price List. The User selects the Template he/she intends to edit, on the basis of a preview of the Template in PDF format which he/she is enabled to see.
- Possibility of individual modification of the design of the Guest Account consisting in setting the logo, colours, visual, and other possibilities of modification of the design of sent e-mail messages (hereinafter referred to as “branding”). The User acknowledges that the option of branding is charged according to the Price List.
- Possibility of integration of the Application with other User’s applications via the security of communication interface (API). The Operator shall provide the documentation to API and the necessary cooperation within the integration. The User acknowledges that access to the API is charged according to the Price List.
- Possibility of data archiving for a period specified by the User and longer than 2 years in the digital archive of the Operator. The Operator shall ensure the confidentiality, integrity, availability, and non-repudiation of the data, including metadata documenting in particular the date of signing the document in the Operator’s digital archive. Archiving settings apply to the entire specific Workspace and all the data therein. The User acknowledges that the service is not part of the standard services, it is charged, and that the User may select one of the offered lengths of data retention for each specific Workspace according to the offer in the Price List.
The User acknowledges that in case of creating a document from the Template, by pressing the “Create Draft” button, a one-time license agreement for the use and modification of the Template is concluded between the User and the Operator. The User is not entitled to grant the license to any person other than the other Contracting Party with whom he/she intends to enter into the contract executed on the basis of the Template or to sign the document created from the Template; the User also acknowledges that the license to modify the Template shall only be granted thereto upon payment of the amount set for the modification of the Template.
Payments for services provided by the Application or the Operator in accordance with these Terms and Conditions will be made through the GoPay payment gateway.
6. Concluding contracts and signing documents through the Application
For the purposes of this Article:
- concluding a contract through the Application means also signing any other document through the Application;
- the contract means also a document to be signed through the Application
- the Contracting Party means also the person who is to sign the document in the Application.
The conclusion of contracts between the User and his/her Contracting Party or Parties is carried out in the following way:
- The User inserts his/her own document from his/her computer or storage into the Application;
- The User edits the Template in the Application, thus creating a draft of the applicable document;
- after inserting his/her own document or selecting the Template, he/she shall enter the name of the document, set a deadline for signing the draft document or contract created in this way; determine places for signatures in the document, or edit and supplement the Template; the User clicks on the “Sign” button and signs the contract or any other document; via the Application, sends the draft contract or document to be signed to the other Contracting Parties, which are also Users; if the Contracting Party is not a User, then the User shall send an invitation to this person’s e-mail to make a single login to the Application, after which a Guest Account will be created to this person and will be thus allowed to sign the contract or document;
- after signing by all the Contracting Parties, a unique PDF document with electronic signatures will be created, which is sent to the Contracting Parties by e-mail.
The User acknowledges and notifies the Contracting Party or Parties that the proposal for the conclusion of the contract may be revoked within the period set for the acceptance of the proposal for the conclusion of the contract. However, a proposal to conclude a contract may no longer be revoked if the Parties have unconditionally accepted the proposal.
In case any Contracting Party or Parties fail to sign the draft contract sent by the User within the period specified thereby, it is no longer possible to accept the draft contract, unless the Contracting Parties agree otherwise.
If the User cancels his/her User Account before the deadline for acceptance of the draft contract by the other Contracting Party expires, it is considered that the User has withdrawn his/her proposal for concluding the contract or signing the document.
The User acknowledges that as soon as he/she confirms the selection of the counterparty in order to complete the header of the contract, the counterparty is automatically sent an e-mail notifying that his/her data have been added to the contract, including the name of the contract to which the data were added.
7. Licenses and intellectual property rights to the Application
By creating the User Account, the User acquires the right to use the Application in accordance with these Terms and Conditions. No other intellectual property rights in the Application are acquired.
The User acknowledges that if the Application is downloaded to the device, the Application may be updated automatically.
By confirming the consent to these Terms and Conditions, the Operator grants the User a personal, worldwide, non-transferable, and non-exclusive license to use the Application which is limited in time for the period for which the User has set up the User Account. Users are not authorized to copy, modify, distribute, or sell and lease the Application, or any part thereof, and may not reverse engineer the source code or attempt to obtain it in any way.
8. Personal Data Processing Contract
When using the Application, the personal data of the User and other persons to whom the User has enabled access to his/her User Account or Workspace are processed, or personal data of persons whose personal data are otherwise processed through the Application. In case the personal data are processed for the purpose of using the Application, the User is the Controller of the personal data and the Operator is the Processor of the personal data according to the generally binding legal regulations, in particular the Regulation. For this case, this part of the Terms and Conditions forms a Personal Data Processing Contract pursuant to Article 28 of the Regulation.
The Operator may also, as an independent Controller, process the personal data referred to in the previous paragraph for its own purposes. These include maintaining and managing the User Profile, ensuring functionality, stability, and development of the Application, keeping internal records and managing the database of User Profiles, sending service and marketing communications and protecting the rights of the Operator. The Operator processes the personal data for these purposes only on the basis of a sufficient legal ground, and also fulfils other obligations arising from the generally binding legal regulations. In such a case, the related rights and obligations are described in the Personal Data Protection Policy available at the Personal Data Protection Policy.
In situations where the Operator is in the position of the Processor, it processes personal data on the basis of the User’s instructions, namely the personal data of the User and other persons designated by the User, and possibly other Contracting Parties, which may be processed within the following scope: identification data (such as name, surname, date of birth, birth identification number, tax identification number, etc.), address data (address of the permanent residence, e-mail, telephone, etc.), bank details (such as account number, payment card information), all of that for the purpose of proper performance of obligations under these Terms and Conditions.
Any processed personal data will be processed for a period of 2 years as of their storage or creation, then these data will be erased, deleted or, following an agreement with the Operator, transferred to the User or another processor. The Operator’s obligations under Article 8 of the Terms and Conditions concerning security and protection of personal data shall continue until their complete destruction or transfer to another processor or User which shall be carried out upon the User’s instruction no later than 14 days before the two-year retention period, otherwise the Operator shall destroy the data itself without further notice. The Operator shall create a record of the erasure in the User Profile, if it exists at the time of the erasure, and the Application log. This record shall be available for the duration of the User Profile.
If the User uses the services of another entity, such as the repository operator, for the transfer of personal data, the User is responsible for the selection thereof, security of transmission, and fulfilment of other obligations.
In relation to personal data, the User is also obliged to:
- ensure that personal data are always processed in accordance with the applicable legal regulations, in particular that they are processed for legitimate purposes, on sufficient legal grounds, that such data are up-to-date, accurate and true, and that the data correspond for the given purpose of processing;
- ensure that data subjects are informed that their personal data will be processed using the Operator’s services;
- take appropriate measures to provide data subjects with all the information in a concise, transparent, comprehensible and easily accessible way, using clear and simple language, and to make all the notifications required by the applicable data protection legal regulations.
The Operator undertakes to:
- process personal data only on the basis of the User’s instructions, to the extent of the performance specified in these Terms and Conditions;
- ensure that its employees process personal data only under the conditions and to the extent corresponding to these Terms and Conditions, with personal data being accessible only to the employees who are bound by the confidentiality obligation and who are duly informed of their obligations within the processing of personal data;
- ensure that automated personal data processing systems are used only by authorized persons who shall only have access to personal data corresponding to the authorization of those persons, on the basis of special user authorizations established exclusively for those persons;
- the User agrees that for the processing necessary for the operation of the Application, the Operator may use the services of other processors specified in the list available on the Operator’s website as of the date of acceptance of these Terms and Conditions. The Operator undertakes to conclude applicable contracts with the other processors and to take other necessary measures in order to maintain the level of security of personal data in accordance with these Terms and Conditions;
- list of other processors is available online on the Operator’s website; the User agrees that the Operator may involve other processors in the processing of personal data according to its decision. The Operator shall propose the addition or change of another supplier by listing it on its website in the list of suppliers, and clearly identifies it as a future supplier and indicates the date of the intended start of processing. It shall do so at least 2 months prior to the date of involvement of this other processor. Subsequently, the User may, within 1 month, express substantiated objections to the involvement of the other specific supplier;
- not to transfer any personal data to any third country or international organization without a decision on adequate level of protection in accordance with Article 45 of the Regulation, or on the basis of appropriate safeguards under Article 46 of the Regulation;
- inform the User without undue delay of any case of loss or leakage of the User’s personal data, unauthorized manipulation or other breach of the security of the User’s personal data which may pose a risk to the User’s rights and freedoms that is not insignificant. Even after providing the information to the User, the processor is obliged to assist to a reasonable extent in resolving the Personal Data Security Breach;
- provide the User with all the information necessary to prove that the obligations for the processing of personal data pursuant to these Terms and Conditions and pursuant to the generally binding legal regulations have been fulfilled;
- in the event that any Data Subject addresses the Operator in order to exercise the right pursuant to Article 15-22 of the Regulation or to withdraw the consent to processing granted to the User, immediately forward such request to the User and provide him/her with further reasonable cooperation in order to ensure exercising the data subject’s right;
- if, for the use of the Application, the User shall carry out an impact assessment on the protection of personal data pursuant to Article 35 of the Regulation, or carry out a prior consultation with the Office for Personal Data Protection, provide him/her with the appropriate cooperation.
Both the User and the Operator undertake to:
- implement technical, organizational, personal, and other appropriate measures to ensure and be able to demonstrate at any time that the processing of personal data is carried out in accordance with the applicable legal regulations so that no unauthorized or accidental access to personal data and to the data carriers which contain these data, their alteration, destruction or loss, unauthorized transfers, their other unauthorized processing, as well as other misuse, may occur, and revise and update these measures as necessary;
- inform each other of all the circumstances that are significant for the fulfilment of obligations pursuant to Article 8 of the Terms and Conditions;
- maintain confidentiality of the personal data and of the security measures, the disclosure of which would jeopardize the security of the personal data, even after the cancellation of the User Account.
9. Final Provisions
The Operator may unilaterally change or supplement the wording of these Terms and Conditions. The User shall be informed of such a change in advance by e-mail or via a notification in the Application. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. The User agrees with the current wording of the Terms and Conditions by using the Application after the change of the Terms and Conditions of which the User has been informed.
The User acknowledges that these Terms and Conditions may be modified. In case the User disagrees with any of the provisions of these Terms and Conditions, he/she has the right to contact the Operator and present their counter-proposal or comments on the Terms and Conditions. If the User and the Operator enter into a separate contract, such contract shall prevail over these Terms and Conditions.
Any disputes between the Operator and the User may also be settled by out-of-court resolution. In the event that the User intends to proceed in this way, the User who is a consumer is entitled to contact the entity providing the alternative dispute resolution, such as the Czech Trade Inspection Authority, or resolve the dispute online via a dedicated ODR platform.
Liability for evident or latent defects in the Application may be claimed from the Operator under the conditions stipulated by the Civil Code.
The User undertakes to regularly check the Terms and Conditions and get acquainted with their wording.
In the event of invalidity or ineffectiveness of any provision of these Terms and Conditions, such fact shall not affect the validity and effectiveness of the other provisions of the Terms and Conditions.
If the User fails to agree with these Terms and Conditions and fails to stipulate an individual contract with the Operator, he/she is not entitled to use the Application.
If the relationship related to the use of the Application contains an international (foreign) element, then the User and the Operator agree that the relationship shall be governed by the legal regulations of the Czech Republic.
These Terms and Conditions take effect on 1 July 2020. Previous versions of the Terms and Conditions are available in the archive.