I. Protection of personal data
1.1 By entering personal data, the user confirms that he understands the conditions of personal data protection, that he expresses his consent to their wording and that he accepts them in full.
1.2 The Provider is the controller of users’ personal data pursuant to Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council 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 Personal Data Protection Regulation) (hereinafter referred to as “GDPR”). The Provider undertakes to process personal data in accordance with legal regulations, in particular GDPR.
1.3 Personal data is all information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to a specific identifier, such as name, identification number, location data, network identifier or one or more specific physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.4 When ordering, personal data are required, which are necessary for the successful completion of the order (name and address, contact). The purpose of processing personal data is to process the user’s order and exercise the rights and obligations arising from the contractual relationship between the Provider and the User. The purpose of personal data processing is also to send business messages and perform other marketing activities. The legal reason for the processing of personal data is the performance of the contract pursuant to Article 6, paragraph 1, letter b) GDPR, fulfillment of the legal obligation of the administrator pursuant to Art. c) GDPR and the legitimate interest of the Provider according to Art. 6 par. 1 let. f) GDPR. The legitimate interest of the Provider is the processing of personal data for the purposes of direct marketing.
1.5 To fulfill the license agreement, the Provider uses the services of subcontractors, in particular providers of mailing services (personal data are stored in third countries) and web hosting providers. Subcontractors are checked for the secure processing of personal data. The web hosting provider and subcontractor have concluded a contract on the processing of personal data, according to which the subcontractor is responsible for the proper security of the physical, hardware and software perimeter, and therefore bears direct responsibility to the user for any leakage or breach of personal data.
1.6 The Provider stores the user’s personal data for the time necessary to exercise the rights and obligations arising from the contractual relationship between the Provider and the user and the assertion of claims under these contractual relationships (for a period of 15 years from the termination of the contractual relationship). After that, the data will be deleted.
1.7 The user has the right to request from the provider access to his personal data pursuant to Article 15 of the GDPR, correction of personal data pursuant to Article 16 of the GDPR, or restrictions on processing pursuant to Article 18 of the GDPR. The user has the right to delete personal data according to Article 17, paragraph 1, letter a), and c) to f) GDPR. Furthermore, the user has the right to object to the processing according to Article 21 of the GDPR and the right to data portability according to Article 20 of the GDPR.
1.8 The user has the right to file a complaint with the Office for Personal Data Protection if he believes that his right to personal data protection has been violated.
1.9 The user is not obliged to provide personal data. However, the provision of personal data is a necessary requirement for the conclusion and performance of the contract and without the provision of personal data, it is not possible to conclude the contract or perform it by the provider.
1.10 There is no automatic individual decision-making by the Provider in the sense of No. 22 GDPR.
1.11 Interested in using the Provider’s services by filling in the contact form:
- agrees to the use of its personal data for the purposes of electronic sending of commercial messages, advertising materials, direct sales, market research and direct product offers by the Provider and third parties, but not more often than once a week, and at the same time
- declares that the sending of information according to point 1.11.1 is not considered as unsolicited advertising in the sense of Act no. No. 40/1995 Coll. as amended, as the user is sending information according to point 1.11.1 in conjunction with § 7 of Act. No. 480/2004 Coll. expressly agrees.
- The user may revoke the consent pursuant to this paragraph at any time in writing to email@example.com .
1.12 The Provider uses so-called cookies in its presentation to increase the quality of services, personalize the offer, collect anonymous data and for analytical purposes. By using the website, the User agrees to the use of the mentioned technology.
II. Rights and obligations between the controller and the processor (processing contract)
2.1 In relation to the personal data of users’ clients, the Provider is a processor in accordance with Article 28 of the GDPR. The user is the administrator of this data.
2.2 These conditions regulate the mutual rights and obligations in the processing of personal data to which the Provider has gained access within the performance of the license agreement concluded in the form of agreement of the general terms and conditions on www.kovodemont.cz (hereinafter account.
2.3 The Provider undertakes to process personal data for the User to the extent and for the purpose specified in Articles 2.4 – 2.7 of these conditions. Processing resources will be automated. As part of the processing, the Provider will collect, store on information carriers, store, block and dispose of. The Provider is not entitled to process personal data in contravention or beyond the scope set out in these conditions.
2.4 The Provider undertakes to process personal data for the user to the following extent:
ordinary personal data,
special categories of data according to Article 9 of the GDPR, which the User obtained in connection with his own business activities.
2.5 The Provider undertakes to process personal data for users in order to process inquiries and requests from clients obtained from the contact form.
2.6 Personal data may be processed only at the workplaces of the Provider or its subcontractors in accordance with Article 2.8 of these Terms and Conditions, in the territory of the European Union.
2.7 The Provider undertakes to process personal data of the User’s clients for the User, all for the time necessary to exercise the rights and obligations arising from the contractual relationship between the Provider and the User and to assert claims from these contractual relationships (for 15 years from the termination of the contractual relationship).
2.8 The User grants the authorization with the involvement of the subcontractor as an additional processor in accordance with Article 28 (2) of the GDPR, which is the application hosting provider. The User further grants the Provider a general permission to involve another processor of personal data in the processing, however, the Provider must inform the User in writing of any intended changes concerning the acceptance of other processors or their replacement and provide the User with an opportunity to object to these changes. The Provider must impose on its subcontractors, in the capacity of a processor of personal data, the same obligations for the protection of personal data ° as set out in these conditions.
2.9 The Provider undertakes that the processing of personal data will be ensured in particular in the following way:
- Personal data is processed in accordance with legal regulations and on the basis of the User’s instructions, ie for the performance of all activities necessary for the provision of the web platform.
- The Provider undertakes to technically and organisationally ensure the protection of the processed personal data so that unauthorized or accidental access to the data, their change, destruction or loss, unauthorized transfers, their other unauthorized processing, as well as other misuse, cannot occur. All obligations of the personal data processor arising from legal regulations are ensured in terms of personnel and organization for the duration of data processing.
- The technical and organizational measures taken correspond to the degree of risk. Through them, the Provider ensures the constant confidentiality, integrity, availability and resilience of processing systems and services, and renews the availability of and access to personal data in a timely manner in the event of physical or technical incidents.
- The Provider hereby declares that the protection of personal data is subject to the Provider’s internal security regulations.
- Only authorized persons of the Provider and subcontractors according to Article 2.8 of these conditions will have access to personal data, which will be set by the Provider and the conditions and scope of data processing and each such person will access personal data under its unique identifier.
- The Provider’s authorized persons who process personal data in accordance with these conditions are obliged to maintain the confidentiality of personal data and security measures, the disclosure of which would jeopardize their security. The Provider shall ensure their demonstrable commitment to this obligation. The Provider shall ensure that this obligation for the Provider and the authorized persons will continue even after the termination of the employment or other relationship with the Provider.
- The provider will assist the user through appropriate technical and organizational measures, where possible, to fulfill the user’s obligation to respond to requests for the exercise of the data subject’s rights set out in the GDPR; as well as in ensuring compliance with the obligations under Articles 32 to 36 of the GDPR, taking into account the nature of the processing and information available to the Provider.
- Upon termination of the provision of performance, which is associated with processing, according to Article 2.7 of these conditions, the Provider is obliged to delete all personal data or return them to the User, if he is not obliged to store personal data under a special law.
- The Provider shall provide the User with all information necessary to prove that the obligations under this Agreement and the GDPR have been fulfilled, and shall enable audits, including inspections, to be performed by the User or another auditor authorized by the User.
2.10 The User undertakes to immediately report all facts known to him that could adversely affect the proper and timely fulfillment of obligations arising from these conditions and to provide the Provider with the cooperation necessary for the fulfillment of these conditions.
III. Final Provisions
3.1 These conditions expire at the end of the period specified in Article 1.6 and Article 2.7 of these conditions.
3.2 The user agrees to these conditions by checking the consent via the online form. By checking the consent, the user expresses that he has read these conditions, that he expresses his consent to them and that he accepts them in full.
3.3 The Provider is entitled to change these conditions. The Provider is obliged to publish a new version of the conditions on its website without undue delay, or sends the new version to the User to his e-mail address.
3.4 Contact details of the Provider in matters concerning these conditions: +420 725 490 999 , firstname.lastname@example.org .
3.5 Relationships not expressly regulated by these conditions are governed by the GDPR and the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., The Civil Code, as amended.
These conditions take effect on 1.12.2020