1 Introductory provisions
1.1 The Provider provides the user with the emailkampane.cz service, which consists of a set of online tools and resources for creating, conducting, sending and managing an email marketing campaign (hereinafter referred to as the "Service"), under the terms and conditions set out below.
1.2 The provider of the Service is Commerce Media s.r.o., company ID 01648454, with registered office at Lovosická 711/30, 190 00 Prague 9, registered with the Municipal Court in Prague, Section C, Insert 209764 (hereinafter referred to as the "Provider").
1.3 The User of the Service is any person who has registered in accordance with these GTC (hereinafter referred to as the "User"). The User may only be a person with full legal capacity. The registration of a User shall create a contractual relationship between the parties governed by these GTC.
1.4 The Service will be made operational upon successful registration by the User in the manner described below in Article 2 "Account Creation and User Registration".
2 Account creation and User registration
2.1 As a condition for using the Service, the User must register, agreeing to these GTC, and may do so in the following ways:
a) by filling in and submitting the registration form on the Provider's websitewww.emailkampane.cz. At the moment of submission, a contract between the Provider and the User for the provision of the Service is also concluded, which is governed by these GTC;
b) by completing and submitting the "Account Application Form" available in the Partner Program; at that moment, the contract between the Provider and the User for the provision of the Service is concluded, which is governed by these GTC;
c) through the application interface of the eWay-CRM system, by entering the User's email address and activating the account in the eWay-CRM application. By performing this action, a contract between the Provider and the User for the provision of the Service is concluded, which is governed by these GTC;
d) other means offered by the Provider at the time, provided that the User must always agree to the wording of these GTC as part of his registration in order to complete it.
2.2 The User is obliged to fill in correct and complete personal data within the registration, in particular those that the Provider considers mandatory and that are marked as such, and subsequently update, modify and supplement them according to the current state. The Provider shall be entitled to change the scope of the mandatory personal data at any time in the future in connection with the provision of the Service and to require the disclosure of additional data about the User in the event that this is required in connection with the use of the Service or for legal reasons. Without the provision of such additional additional data, the Service cannot then be properly provided, which the User acknowledges.
3 Terms of Service
3.1 The Provider provides the Service to the User on the terms and conditions set out below.
3.2 Except as expressly provided in these GTC, the User may not alter or modify, copy or otherwise reproduce any information relating to the Service provided, nor create any compilation or derivative works from it. The User is not authorized to use the Service for any purpose contrary to these GTC or the law. The User may not use the Service in a way that could diminish the value of the work, or damage, disable, overload or impair the functioning of the servers operated by the Provider or interfere with the use of these servers or the Service by third parties. The User may not obtain or attempt to obtain by any means any reproductions of the Work (including for personal use), any materials or information relating to the Service that are not or have not been made publicly available or provided through the servers operated by the Provider.
3.3 The User acknowledges that under these GTC, the User is not entitled to use the Provider's trade name, its trademarks, logos, domain names or any other designations and commercial elements of the Provider in a manner that would violate applicable law or the Provider's reputation.
3.4 The Provider is obliged to provide a technical environment with appropriate technical parameters that will enable the smooth operation of the Service.
3.5 The Provider shall not be liable for unintentional server outages of a technical nature, but shall make every effort to ensure that the Service is restored to operation as soon as possible and to inform the User of the server outage, but only if the outage lasts longer than 24 hours.
3.6 The User acknowledges that the Provider shall be entitled to limit or completely interrupt the Service due to planned server downtime for maintenance of such server by
(a) will be carried out mainly during night hours, i.e. between 22.00 and 06.00, unless serious operational reasons prevent it,
b) the downtime of the Provider's server due to server maintenance will be published on the Provider's server or notified to the User in advance by e-mail,
c) downtime of the Provider's server for maintenance of this server will be no more than twice per calendar month, unless serious operational reasons prevent it.
4 Rights and obligations of the User
4.1 The User represents, warrants and undertakes to the Provider that:
(a) is fully competent,
b) all information provided about him/her during registration is true, complete, accurate and correct,
c) will not use the Service in violation of the laws of the Czech Republic and the European Union.
d) in case the User intends to use the Service outside the territory of the European Union, he/she undertakes to use the Service in accordance with the laws of the relevant countries, in which case he/she acknowledges that the Service may not comply with all legal requirements of countries outside the European Union.
e) has thoroughly read these GTC before starting to use the Service, that he/she fully understands and agrees to these terms and conditions.
4.2 Notwithstanding any other provision of this Agreement, the User agrees that:
(a) not to carry out the registration if the User's performance of the registration would violate the laws of the Czech Republic and the European Union,
b) not to use the Service if its use by the User would violate the laws of countries other than the Czech Republic,
c) shall use the Service only for the purpose for which it is intended,
d) will not use (or attempt to use) any interface other than the interface provided by the Provider for this purpose to access the Service,
e) ensure the confidentiality and not misuse any identification data and passwords necessary for the user's login and access to the Service, in particular not to disclose such identification data and passwords to any third party,
f) if it detects misuse of its identification data and passwords by any third party, it shall immediately notify the Provider,
g) shall not commit any illegal or unethical act in connection with the use of the Service,
(h) not do anything that interferes with or damages the Service (or the networks and servers connected to the Service)
4.3 The User is responsible for the consequences of his/her actions related to the use of the Service and agrees not to use the Service for any activities that are or may be contrary to the laws of the Czech Republic or other states applicable to the User, these GTC, the legitimate interests of the Provider and the generally accepted principles of the use of services provided via the Internet. In this context, the User expressly declares that he/she has familiarized himself/herself in detail with the legal regulations related to the provision of the Service, i.e. in particular with the content of Act No. 480/2004 Coll., on Certain Information Society Services, as amended (hereinafter referred to as "ZNSIS") and Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as "ZOS").
4.4 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from a purchase contract. This provision applies exclusively to consumers as defined in Section 419 of Act No. 89/2012 Coll., the Civil Code, i.e. to any person who, outside the scope of his/her business activity or outside the scope of his/her independent exercise of his/her profession, concludes a contract with the Company or otherwise deals with it. It does not apply to cases where the person who has concluded a contract with the Provider is a legal person or a person who acts in ordering the Goods/product within the scope of his/her business activity or within the scope of his/her independent exercise of his/her profession.
4.5 The User is obliged to respect the rights of the Provider and third parties at all times, in particular when dealing with copyright works and other objects of intellectual property rights.
4.6 In particular, the User is not entitled to:
(a) obtain the logins and/or passwords of other users of the Service and of third party services and products,
b) abuse, block, modify or otherwise alter any part of the Service, or even attempt to interfere with the stability, operation or data of the Service,
c) use his/her user account to send unsolicited emails (spam, hoaxes, etc.), viruses or other content that is unlawful, harassing, characterized as an aggressive business practice within the meaning of Annex 2 of the TOS or contrary to good morals,
d) give the impression that the user of the Service is a legal or natural person other than the User, not to create user accounts whose parameters may cause offence or are contrary to moral or ethical rules,
e) use the user account to share or exchange data via Peer To Mail technology (e.g. peer2mail, OpenP2M, etc.).
4.7 Furthermore, the User is expressly prohibited from transmitting to the Provider (i.e. posting, uploading, linking or otherwise distributing) User Content that, in particular:
(a) infringes the intellectual property rights (copyright, rights related to copyright, industrial rights, etc.) of others,
b) leads to unfair competitive practices which are contrary to the rules governing competition in commercial relations or to the practices of competition, and which may damage the reputation or jeopardise the operation or development of the competitor's business,
(c) it contains trade marks, trade names and protected designations of origin in which a third party has exclusive rights, or any indication which is confusingly similar,
(d) contains any part which incites or tends to incite non-compliance with an obligation imposed by or under the law or a criminal offence or endorses a criminal offence or publicly praises the perpetrator of a criminal offence,
(e) contains any part which encourages, promotes or incites the abuse of addictive or life-threatening substances,
(f) contain any part which threatens another person or group of persons with death, bodily harm or damage,
(g) contain any part that defames a nation, its language, an ethnic group or race, or a population group because of its political beliefs, religion or because it is non-religious,
(h) contains any part that incites hatred of a nation, ethnic group, race, religion, class or other group of persons or the restriction of the rights and freedoms of its members,
(i) contains pornographic works, in particular those depicting a child or showing violence or disrespect for the human person,
(j) allows persons under the age of 18 to access any pornographic work,
(k) contains a false or misleading statement about another which is likely to endanger his or her esteem among his or her fellow citizens to a significant degree, in particular to damage his or her employment, disrupt his or her family relationships or cause him or her other serious harm,
(l) supports or promotes a movement which demonstrably aims at the suppression of human rights and freedoms or advocates national, racial, religious or class hatred or hatred against another group of persons, or publicly expresses sympathy for such movements,
(m) denies, questions, endorses or seeks to justify Nazi or Communist genocide or other crimes against humanity,
(n) are in any other respect contrary to good morals.
4.8 The User acknowledges and agrees that the Provider is not responsible in principle for the content of the User Content, in accordance with the provisions of Sections 3, 4, and 5 of the UNSIS.
4.9 The User shall be liable to the Provider for damages incurred by the Provider in connection with a breach of the User's obligations as set out in these GTC.
5 Price and payment terms
5.1 The price for the use of the Service is set according to the current valid price list located at www.emailkampane.cz or in the related subsections (hereinafter referred to as the "Price List") or on the basis of an individual agreement between the Provider and the User. VAT at the statutory rate is always added to the price of the Service.
5.2 The Provider shall inform the User of any change in the price of the Service, if it affects the User.
5.3 The price for the service is based on the type of account agreed, and the Provider reserves the right to offer only certain types of accounts. For this purpose, the Provider distinguishes four types of accounts:
(a) Credit account,
b) Flat-rate account, depending on the number of contacts in the address book,
c) Flat-rate account according to the number of emails sent,
d) Annual subscription,
e) Individual account.
5.4 Credit account
a) The price for the Service is payable on the basis of a so-called pro forma invoice issued each time an order for the relevant number of credits is received and is payable no later than 5 days from the date of issue. The specific due date is always indicated on the relevant pro forma invoice. The invoice is emailed to the User on the day of issue and is deemed to be delivered on the following day. In the event of proven late delivery, the due date shall be extended by the number of days of delay.
b) The ordered number of credits shall be credited to the Customer's account no later than on the first working day after the receipt of the full payment of the Service Price to the Provider's account.
c) The validity of the credit balance is 12 months from the last recharge. Recharge means a paid increase in the credit balance on the User's account. An increase in the credit balance by the Provider that is not preceded by a payment by the User cannot be considered a top-up in this case. If the credit balance is not recharged within 12 months of the last recharge, the remaining credits shall be forfeited to the Provider. No refund or other compensation can be claimed for such forfeited credits.
5.5 Flat rate account according to the number of contacts in the address book
a) The price for the service is payable on the basis of an invoice issued at the end of the billing period and is due within 15 days from the date of issue, unless otherwise agreed between the User and the Provider in a specific case. The invoice shall be sent by e-mail to the User on the day of issue and shall be deemed to have been received on the following day. In the event of proven late delivery, the due date shall be extended by the number of days of delay.
b) The billing period shall be one calendar month. For the purposes of value added tax, the date of taxable supply shall always be the last day of the billing period for which the invoice is issued.
c) If the User registers during a billing period, the price for that billing period shall be reduced by the number of days that have elapsed between the beginning of the billing period and the day preceding the date of the User's registration.
d) The price for the billing period is determined in the so-called price bands according to the Price List based on the number of unique contacts (contact e-mail addresses) that the User has registered in the Service during the given period.
e) The calculation of the number of unique contacts within the billing period is done retroactively at the end of the period, with the relevant price band set as the minimum possible corresponding to the actual number of unique contacts. Transition between bands is automatic unless otherwise agreed or unless it is an annual subscription. Therefore, the price for each period may vary even if the number of email messages sent is the same or even zero.
f) Each price band has a price for exceeding the limit of the number of sent email messages in addition to the basic price. The limits of each band and the prices for exceeding them are specified in the price list of the Service.
g) For the avoidance of doubt, the following is a description of the principle for calculating the price of a "Flat Rate Account based on the number of contacts in the address book":
i. The decisive number of contacts is considered to be the unique e-mail addresses in the User's account, an overview of which can be obtained in the so-called Directory.
ii. The inclusion or non-inclusion in the individual distribution groups - the so-called Contact Lists - has no effect on the price. I.e. If the User includes some e-mail addresses in more than one Contact List, the price remains the same. The Provider explicitly informs the User that e-mail addresses may be in the Directory even if all Contact lists are deleted - these are so-called unassigned contacts.
iii. E-mail addresses that are demonstrably invalid (e.g. a message with a so-called hard error cannot be delivered to them) are marked in the Directory - the Provider does not include such addresses in the total number and keeps them in the system free of charge, while the system automatically omits them from all subsequent distributions. This is a functionality aimed at preventing SPAM.
iv. In the event that the User makes changes to the number of email addresses in the Directory during the billing period - i.e. adds new ones; deletes current ones; edits an email address, etc., whether by automated import, via API, web form, or otherwise, or manually; the System shall keep a record of such activities and at the end of the billing period shall total all unique email addresses that appeared under the User's account during that period. Therefore, the number of billed email addresses on the final billing statement may differ from the number of currently uploaded email addresses visible in the system. (Representative example: User's account contains 100 valid email addresses as of the 1st day of the billing period. Halfway through the billing period, the User deletes all 100 email addresses and uploads a completely different 200 email addresses to the account. Thus, he currently has 200 addresses in the account. Towards the end of the period, the system will check each transaction and count the unique addresses within the transactions of the entire period - in this case, it will account for 300 unique addresses within the current period. If the User does not make any changes in the following period, the system will again check the individual transactions at the end of the next period and bill just the 200 email addresses, because no transactions that would affect the total number of contacts in the Address Book took place in the next period.)
v. In the event that the User has not sent any campaigns or email messages within the billing period, this shall not entitle the User to any discount from the relevant tariff band, which is charged according to the number of contacts in the Address Book. The principle described above is always applied.
h) The Provider reserves the right to change tariff bands and billing methods without prior notice. In the event that the new conditions would be less advantageous for the User, the User may withdraw from the contract without additional charges.
5.6 Flat rate account according to the number of emails sent
a) The flat-rate account based on the number of emails sent is not automatically available after normal registration. This type of account must be activated by prior agreement with the Provider and is primarily intended for the Provider's partner network.
b) The price for the Service is payable on the basis of an invoice issued at the end of the billing period and is due within 15 days from the date of issue. The invoice shall be emailed to the User/Partner on the date of issue and shall be deemed to have been received on the following day. In case of proven late delivery, the due date shall be extended by the number of days of delay.
c) The billing period shall be one calendar month. For the purposes of value added tax, the date of taxable supply shall always be the last day of the accounting period for which the invoice is issued.
d) The price for the billing period shall be based on the number of emails sent, in the "Pay as you go" or "Tariff" variant, where the pricing terms and method of pricing for this Service shall be set out in the Price List.
5.7 Annual Subscription
a) The operation of the so-called annual flat-rate account is regulated by the Price List.
5.8 Individual Account
a) The User may arrange a Service with individual pricing conditions with the Provider, based on the User's order, which the Provider agrees.
b) Unless otherwise agreed between the User and the Provider in each individual case, the provisions of these GTC shall apply mutatis mutandis to the terms of the Service provided with individual pricing terms.
5.9 Account parking
a) In the case of a Flat-rate account according to the number of contacts in the address book (Article 5.5 of the GTC), the User has the option of so-called account parking, i.e. the User has the option of interrupting the use of the Service for a certain period of time specified by the User, which may not be shorter than 2 months.
b) The price for the Account Parking Service specified in the Price List is payable on the basis of an invoice issued each time after the order has been placed and is due within 15 days from the date of issue, or within another period agreed between the User and the Provider. The invoice is sent by e-mail to the User on the day of issue.
c) The Account Parking Service shall be activated as of the first day of the month following the month in which the Service was paid to the Provider. After the expiry of the period in which the Account was parked, the User shall be automatically activated to the original tariff that he/she had before the Account was parked.
d) The Account Parking Service cannot be used within 2 months prior to the termination of the contract between the Provider and the User according to these GTC.
5.10 Electronic billing
a) Invoices, pro forma invoices, tax documents, reminders and other documents are sent by the Provider to the User exclusively electronically in PDF or XML or CSV format by attachment to an email sent to the User's contact email address.
b) By concluding the contractual relationship, the User agrees to electronic invoicing and sending documents in electronic form.
c) Sending a printed document may be charged by the Provider according to the Price List.
6 Rights of the Provider
6.1 In the event that the User breaches the obligations stipulated by law or this Agreement or fails to pay the price for the Service in due and timely manner, the Provider has the right to limit or completely interrupt the provision of the Service. Restarting the Service after the defective condition has been corrected shall be charged according to the Price List.
6.2 In addition to the above, if the User violates the obligations set forth by law or these GTC or fails to pay the price for the Service properly and on time or if the User's statements under Article 4 prove to be false, the Provider shall have the right to immediately withdraw from the Service contract without further delay. In such case, the User shall not be entitled to a refund of the price paid for the use of the Service. The choice of the right according to paragraph 1 of this article does not preclude the subsequent withdrawal from the contract (right according to paragraph 2 of this article).
7 Complaints, Complaints Procedure
7.1 The Provider guarantees the basic parameters and availability of the service, the so-called SLA (service level agreement), namely 98% in the relevant billing period. The calculation of the SLA does not include maintenance according to Article 3 of these GTC.
7.2 If the availability of the Service falls below the guaranteed availability (SLA), the User is entitled to compensation. The refund will only be granted if the User claims the refund in the form of a claim for the Service. The User may also make a claim for the Service in the event of a breach of the terms of provision of the Service by the Provider as set out in Articles 3.1.3 and 3.1.4 of these GTC.
7.3 A complaint against the Service must be in writing and must be filed by the User with the Provider within 14 days after the Service is restored to service or the Provider is found to have violated the terms and conditions of the Service. A claim filed later shall be rejected and the User shall forfeit any claim for compensation.
7.4 The claim must be marked as a claim and must include the identification of the User, the identification of the Service, a description of the reason for the claim and any relevant facts, the date on which the claim arose or the date on which the reason for the claim was discovered, the date on which the Service was made available again and the name of the contact person.
7.5 The Provider shall process the complaint within 30 days of receipt. If the complaint is justified, the User is entitled to compensation.
7.6 The submission of a Complaint shall not have a suspensive effect on the payment of the price for the Service provided.
7.7 The refund shall be determined as 100% of the aliquot part of the price for the Service that could not be used due to its unavailability.
8 Protection of personal data of the Service User
8.1 Scope of Personal Data. In accordance with Article 2 of these GTC, the Provider requires mandatory personal data within the registration process, which serves to identify the User, its invoicing and compliance with the legal conditions and performance of legal obligations for the operation of the e-mail marketing service - in particular, these data serve to identify the owner/sender of the campaign. The Provider reserves the right to request some of the data even after the basic registration process. The User may voluntarily provide the Provider with additional optional data at his/her discretion.
a) Natural persons (hereinafter referred to as FOs). To identify natural persons, it is necessary to provide at least: First name, Last name, residential address, date of birth, contact telephone number and contact e-mail address.
(b) Legal persons (hereinafter referred to as POs). To identify legal persons or natural persons carrying on business, it is necessary to provide at least: Full name of the legal person, registered office, registration number, VAT number if assigned, information on the representative person/executive.
8.2 Scope of sensitive data. The provision of any sensitive data is optional. The Provider does not and will not request any sensitive data from the User. If User provides any Sensitive Data as part of the Service, User does so voluntarily at its discretion.
8.3 What is meant by personal and sensitive data is defined in Act No. 110/2019 Coll., the Act on the Processing of Personal Data (hereinafter referred to as the "PDP").
8.4 Personal Data Protection. The Provider collects and stores the personal data entered by the User via electronic media in a secure database. The Provider protects personal data to the maximum extent possible by using modern technologies that correspond to the level of technical development. The Provider declares that it has taken all possible, i.e. known, measures to secure the data against unauthorised interference by third parties.
8.5 The Provider shall not be liable for any unauthorized interference by third parties, as a result of which such persons gain unauthorized access to the User's personal data and/or to the User's account and/or to the Provider's relevant database and use, misuse or disclose such data to third parties.
8.6 Restrictions on Data Handling. Provider shall not process, share, sell or use User's data from User's personal information provided in the registration in a manner that would be in violation of these GTC without User's prior permission.
8.7 Processing of Personal Data. User acknowledges and agrees that Provider is authorized to process, collect User's personal data for the purpose of providing the Service in accordance with these GTC.
8.8 User's consent to the processing of personal data. By entering into this Agreement, the User consents to the processing of the personal data provided under these GTC to the Provider as the controller, in accordance with the ZZOZ, for the purpose of identifying the User when using the Service.
8.9 The User grants the aforementioned consents to the processing of personal data for the duration of the contractual relationship between the Provider and the User and agrees to their archiving for a maximum of 5 years after the termination of the contractual relationship, in particular with regard to the legal obligation to prove the owner of the campaign. In the event of an investigation conducted by the Office of the Public Prosecutor, the courts or a law enforcement agency, the Provider has the right to hold this data until the end of the investigation in question.
8.10 Processor. The Provider as the controller is entitled to appoint a third party as a processor of personal data in accordance with the PPA.
8.11 Consent to the processing of personal data for marketing purposes and withdrawal of consent. The User's consent to the processing of personal data for marketing purposes is voluntary. The User is entitled to withdraw this consent in writing at any time after the creation of his/her account at the Provider's address, or to change the scope of the consent at the same time.
8.12 User's access to data. The User has the right to request information from the Provider about the processing of his/her personal data at any time from the moment the User account is created. In such case, the Provider shall provide the User with information to the extent provided for in the PDPA. If the User believes that the Provider processes his/her personal data in violation of the ZZOZ, he/she has the right to ask the Provider (or the processor) for an explanation or to demand that the Provider (or the processor) remedy the situation. In particular, this may involve blocking, rectifying, supplementing or destroying the personal data. The User is also entitled to address his/her complaint to the Office for Personal Data Protection. The Provider reserves the right to receive requests for information on the processing of personal data, or their deletion, anonymisation, etc. through defined request forms.
8.13 Disclosure of personal data. The User acknowledges that the Provider may be obliged to provide personal data by law or to fulfil its legal obligation (e.g. in the context of judicial or administrative proceedings).
8.14 Statistical Data. The User agrees to the anonymous use and/or disclosure of anonymized registration and statistical data by the Provider for the development and operation of the Service provided. The statistical data and its reports will not contain personal data of a nature that could, on the basis of one or more of these data, directly or indirectly identify the User or that would allow any third party to contact the User.
8.15 Transaction Data and System Log Data. The User acknowledges and agrees that his/her movements in the System are automatically monitored and data on the actions performed are stored in a so-called log, which is used to facilitate the identification of any error or to prove fault. Similarly, all information about incidents and problems that may arise during the use of the Service are recorded and stored.
8.16 The Provider reserves the right to check the content, spam and defectiveness of the messages disseminated and to suspend the Service and inform the User immediately if irregularities are detected.
8.17 The User hereby gives his/her express consent to the inclusion of his/her identification data in the references that the Provider is entitled to publish.
9 Authorisation to process personal data of third parties in the User's account and scope of data processing
9.1 As the Provider provides a service which may include the processing of personal data of third parties provided by the User, the Parties enter into a Personal Data Processing Agreement, where the Provider acts as the Processor and the User as the Controller. The text of the Agreement on processing of personal data is set out in Annex 1 to these GTC The contractual relationship arises in accordance with Article 1 of the GTC and terminates in accordance with the terms of Article 11 of the GTC.
9.2 Personal data of third parties. The User hereby expressly declares and undertakes that for the processing of all personal data of third parties, which the User provides to the Provider for the purpose of using the Service, the third parties concerned have given their consent in accordance with the TPL and the handling of such personal data is in accordance with the TPL. In this case, the User shall be deemed to be the data controller and the Service Provider the authorised processor of the relevant personal data.
9.3 The Provider undertakes to make every effort to prevent unauthorised or accidental access to the content of the Service, in particular personal data, their loss or other misuse, and also undertakes not to provide the User's content to third parties. The User acknowledges that the efforts made by the Provider are not necessarily sufficient to protect personal data from loss, theft or misuse. The User acknowledges that unauthorised access to and misuse of the contents of the Service may also occur through the use of an inappropriate (insufficiently strong) access password. In case of data leakage, the Provider undertakes to inform the User immediately (by phone, e-mail).
9.4 The User undertakes and expressly declares that it uses and imports contacts for which it has consented to send commercial communications or has obtained them in accordance with the requirements of ZNSIS, and that it complies with the obligations imposed by ZNSIS and EU legislation, i.e. in particular that it has clearly and distinctly provided its customers with the possibility to object to such use of their electronic contact details free of charge and in a simple manner at the time they are collected and when sending each individual communication.
9.5 Scope of Processing - The Service Provider, through the Service, processes the imported data in the User's account to the following extent:
a) Updates - individual e-mail addresses are updated for validity within the distribution.If an e-mail address is found to be invalid, a record of this fact is made and the address is invalidated.
b) Segmentation - Segmentation can be carried out via the so-called Contact lists based on the User's requirements.
c) Data enrichment - Data from campaigns monitoring the behaviour of receiving servers, mail pages and data on the behaviour of individual users. This data is provided to the User in the form of statistics
d) Profiling - The service does not contain automated profiling tools
e) Statistical calculations - The data obtained from individual campaigns is processed using statistical methods and displayed in the form of statistical indicators
f) Geolocation - Based on the IP address of the last node, the estimated location of the email recipient is reflected in the statistics, but this is not guaranteed and cannot be considered as personal data as it is not the direct IP address of the recipient.
g) Automation - Selected personal data may serve as input parameters for automated campaigns - e.g. holiday greetings.
9.6 Retention Period - Unless otherwise specified, the retention period for campaign data is set at 1 year. After this period, the data is deleted.
9.7 How to deal with requests for transfer, deletion and anonymisation - To deal with requests for transfer, anonymisation or deletion of third party personal data within a User's account, there is a self-service form in the system that the User uses to take the requested action. Such action is then performed automatically and free of charge as part of the price of the Service and the User is informed about it. In the case of other requests, the Provider reserves the right to charge a fee for handling such requests.
10 Exclusion of liability
10.1 The Provider shall not be liable to the User for any direct or indirect injury or damage incurred by the User in connection with the use of the Service, the Provider's Content and in the event of a breach of obligations by the User, in particular with regard to the protection of the password and access data to the User's account, as well as in the event of providing incorrect, inaccurate or incomplete data about the User during registration.
10.2 Furthermore, the Provider shall not be liable to the User for any direct or indirect damage incurred by the User in connection with the non-delivery of an e-mail or the delivery of a damaged or incomplete e-mail.
11 Termination of the contractual relationship
11.1 The registration of the User leads to the conclusion of a contractual relationship for an indefinite period of time.
11.2 Both the Provider and the User have the right to unilaterally terminate the Service without giving reasons. In this case, the notice period is set at one calendar month, unless a different length of notice period has been individually agreed between the User and the Provider, and starts on the first day of the month following the delivery of the notice to the other party. The decisive moment of termination is the date of delivery of the written (or e-mail) notice to the other party.
11.3 In the event of termination of the Service by the Provider without giving any reason, the User shall be entitled to a refund of the proportionate part of the paid and unused price for the use of the Service. This right does not arise if the reason for termination is a breach of the GTC by the User. If the User has received a free benefit from the Provider (e.g. free credits or a free period to try the Service), the User is not entitled to compensation for the loss of the benefit so obtained.
11.4 If the reason for termination of the contract by the Provider is the User's non-payment of fees for the Service (or other services), the Provider shall have the right to hand over the recovery of the debt to a third party, including the provision of the User's personal and contact data that it records for this purpose.
11.5 In the event of termination of the Service by the User, the User shall not be entitled to a refund of the paid and unused price or its pro rata part for the use of the Service.
11.6 The Provider shall have the right to terminate the Contract on the date of delivery of the notice in the event that, through no fault of its own, it has lost the capacity to provide the Service, i.e. for example, by a change in legislation, etc. In such case, the paid and unused price for the Service shall be refunded to the User.
11.7 Both the Provider and the User have the right to unilaterally withdraw from this Agreement with immediate effect in the event of a material breach of the terms of these GTC. In the event of withdrawal from the contract by the Provider, the User shall not be entitled to a refund of the paid and unused price or its pro rata part for the use of the Service.
11.8 Termination or withdrawal from the Contract may be sent either by post, in person, by e-mail or by any other similar means with the signature of an authorised representative of the User.
These GTC shall take effect on 1.7.2020
Ing. Martin Viták, Managing Director