Business terms and conditions for e-mailing services and Instructions on the processing of personal data

1. General provisions

The company ACOMWARE s.r.o., with registered office: Prague 4, Budějovická 778/3, zip code 140 00, registered in the commercial register maintained by the Municipal Court in Prague, section C, insert 92586, ID number: 250 47 965 (hereinafter "Contractor"), is primarily a consulting company and advertising agency operating mainly in the field of internet marketing and electronic commerce.

The customer is a natural or legal person who bindingly orders e-mailing services from the Contractor on the basis of an order or contract for himself or for a third party. Provision of the Contractor's services to a third party other than the Customer requires the Contractor's prior consent.

The purpose of these business terms and conditions is to adjust the terms of orders and service deliveries between the Contractor and the Customer, i.e. in particular to adjust framework contracts, service orders and the creation, amendment and termination of sub-contracts on the basis of which the delivery of services will take place, as well as the rights, obligations and claims of contractual parties arising from these contracts, as well as all other related matters.

These terms and conditions also expressly apply to the use of IBM's IBM Marketing Cloud software solution (provided by IBM Ireland Product Distribution Limited or a company forming a concern with it), which serves as a technical means for sending the Customer's commercial and other communications via e-mail communication to the list of e-mail addresses designated by him, the use of systems by Google, Inc. (e.g. Google AdWords, DoubleClick, etc.), Seznam.cz, as (Sklik), Wanadis Ltd. (Maileon) etc.

The Customer acknowledges that IBM Marketing Cloud and other systems mentioned above are a product of a third party different from the Contractor. Outages of the IBM Marketing Cloud system and other third-party systems, or restrictions on access to these systems caused by IBM or their other suppliers cannot be the responsibility of the Contractor, and the Contractor is not responsible for them, unless expressly stated otherwise in this contract.

The basic rules for using the IBM Marketing Cloud product are listed in Article 4 of these terms and conditions. The use of the IBM Marketing Cloud product is further expressly governed by the rules established by IBM, which are available in their current form at https://www-03.ibm.com/software/sla/sladb.nsf/sla/saas (Digital Marketing Optimization section - IBM Marketing Cloud) and "IBM Terms of Use - General Terms" which are available at https://www-03.ibm.com/software/sla/sladb.nsf/pdf/5948-01/$file/i126-5948 -01_02-2013_cs_CZ.pdf, as well as the technical and legal documentation of IBM Marketing Cloud, and all of this is always in the current version. The customer acknowledges that the use of the IBM Marketing Cloud system or other systems may require him to enter into a binding agreement with IBM. If necessary, the Contractor will inform him about this.


 

2. Order

Services are bindingly ordered on the basis of a written, faxed, e-mail order or on the basis of an advance invoice (proforma) issued by the Contractor.

The order is binding for the Contractor only after the Contractor confirms it to the Customer in writing or by e-mail. The contractor can also confirm the order by starting to perform activities according to it.

All partial orders of the Customer will, if possible, be numbered so that they are not duplicated.

By confirming the order, it is considered that the Contractor and the Customer have entered into a contractual relationship, which, in addition to the concluded contract, will be governed by the provisions of these Terms and Conditions and the documents to which they refer.

By sending the order or making the payment according to the advance invoice, the Customer expresses his agreement with these Business Terms and Conditions of the Contractor and, when using the services of IBM Marketing Cloud or other persons, also with the terms and conditions of IBM or these persons relating to their products.

The Customer undertakes to provide the Contractor with instructions regarding the processing of the data provided by him in a reasonable manner determined by the Contractor.


3. Financial conditions

3.1 Price

The price is negotiated based on the agreement between the Customer and the Contractor. Prices are always negotiated without VAT, which is added according to applicable legal regulations.

3.2 Invoicing and payment terms

The contractor is entitled to request an advance on the price or advance payment on the basis of the advance invoice. The relevant payment amount must then be credited to the Contractor's account no later than two (2) working days before the agreed start date of the relevant services. In the event that the payment is not credited to the Contractor's account properly and on time, the Contractor is not obliged to start providing services.

Invoices with the details of the tax document are issued within 15 days from the date of the taxable transaction.

If the services take place continuously over several months or within individual campaigns, partial invoices for the corresponding part of the services may be issued by the Contractor at the end of each calendar month/campaign.

The due date of invoices is 14 days from the date of issue, unless another period is agreed upon in writing between the Customer and the Contractor. In the event of a delay in payment of invoices, the Contractor is entitled to charge the Customer interest for the delay in the amount of 0.15 % of the owed amount for each day of delay even if it has begun. Payment of default interest does not affect the Contractor's claim to compensation for possible damages or other damages. The obligation to pay interest on late payment continues even after the end of the contract.

Services that have been paid in the amount and under the variable symbol that is indicated on the order/tax document are considered properly paid services. Reimbursement means crediting the amount to the Contractor's bank account.

Incorrect, partial or bulk payments may not be accepted by the Contractor. Such payments may be returned to the account from which they were credited to the Contractor's account, less any bank fees incurred by the Contractor.

The Customer is not entitled to assign or suspend its claims against the Contractor without the prior written consent of the Contractor.

3.3 Cancellation terms

In the event that the Customer wishes to cancel an already confirmed order, he is obliged to pay the Contractor a cancellation fee in the amount of the agreed price including VAT according to the order, unless otherwise agreed.

3.4 Special condition for outstanding invoices

In the event of late payment of the invoice by the Customer, the Contractor has the right to interrupt the provision of services under this contract without being obliged to notify the Customer, and also, if necessary, to bind the further commencement of work to the payment of a reasonable advance payment by the Customer. If the provision of these services is interrupted, this does not affect the right to remuneration even for the period when the services are not performed. The Contractor is also entitled to suspend any campaign of the Client who is in arrears with the payment of any obligation owed to the Contractor and such campaign is considered terminated for reasons on the part of the Client.

The Contractor is entitled to use a third party to enforce its claims against the Customer. The Contractor is entitled to pass on information about individual business cases and the Customer to third parties in cases stipulated by law, in specially negotiated cases, in the protection of the Contractor's rights or the recovery of his claims, in the assignment of claims or other handling of them, his legal, accounting, tax and similar advisers, persons forming a concern with the contractor and further to the person providing the contractor with insurance against the risk of non-payment of claims or collecting claims for him.


4. Terms of service provision

4.1 The Customer undertakes to provide the Contractor with timely cooperation and all information at its request, as well as to hand over to the Contractor the documents it absolutely needs for the proper and timely fulfillment of obligations. In the event of a delay on the part of the Customer in fulfilling his obligations (providing cooperation, information or documents), the Contractor cannot be in delay in fulfilling his obligations under this contract, while the Contractor has the right to payment of the remuneration in full.

The customer is solely responsible for the veracity of the data provided in the documents provided or secured by him.

4.2 In the event that the Contractor distributes advertising for the Customer, the Customer is fully responsible for the content of such advertising. The customer undertakes that the advertisement handed over to the Contractor for dissemination will not be in conflict with legal regulations, good morals, the principles of fair dealing and the principles of honest business dealings, and that the dissemination of the advertisement will not unjustifiably affect the rights and legitimate interests of third parties (in particular, but not only, the right to protect the personality of natural persons, the right to protect the good reputation of legal entities, copyright, copyright-related rights and trademark rights), and generally binding legal regulations will not be violated. The customer undertakes that if the Contractor or the advertiser, or the operator of the relevant media incurs damage or other damage as a result of the advertisement, he will compensate this damage (damage) in full.

Furthermore, the customer expressly undertakes not to pass on for distribution a presentation on gambling games operated without a basic permit in accordance with Act No. 186/2016 Coll., on gambling games or regulations replacing it. The customer further expressly undertakes to ensure compliance with all legal conditions and obligations regarding the presentation of human medicinal products, food supplements, food, especially food for special nutrition and follow-on infant nutrition, both in accordance with Czech legal regulations (e.g. Act No. 40/1995 Coll. ., on the regulation of advertising), as well as according to EU regulations (especially in Regulation (EU) 1924/2006 on nutrition and health claims in food labeling).

If a discount is agreed with the Customer in connection with the quantity (e.g. the number of e-mails sent), if the Customer does not use the agreed quantity or if the Customer is late in paying the invoice for such service (or part thereof) for more than 15 days, the Contractor may unilaterally decide , that the Customer's right to a discount expires in full or to the extent specified by the Contractor.

4.3 The Contractor reserves the right to refuse to provide services regarding the Customer's e-mails:
a) in the event that their content or scope does not correspond to the concluded contract or other agreement or to these business terms and conditions or other terms and conditions that are applied according to the agreement of the parties,
b) in the event that the ethical principles of the Contractor or the operator of IBM Marketing Cloud or operators of other similar systems used by the Contractor for fulfillment for the Customer, or the Advertising Code of the Advertising Council, are violated,
c) due to the legally objectionable content of e-mails, i.e. if the content or method of dissemination is contrary to legal regulations, good manners, principles of fair business dealings and fair dealings or decisions of public administration bodies, or contrary to the ethical rules of the Advertising Council (available at www.rpr.cz),
d) in the event that e-mails, due to their format, content or design, could give the addressees the impression that they are communications from another person,
e) containing communications, advertising or business communications from third parties, with the exception of the case where the Customer is an advertising or media agency and the advertisement contains communications, advertising or business communications from its customer approved by the Contractor,
f) which will interfere with the rights and legitimate interests of the Contractor or will damage or could damage the good name of the Contractor, its employees, partners or persons forming a concern with it,
g) in the event that it is an advertisement of a competitor of the Contractor or the operator of IBM Marketing Cloud or operators of other similar systems used by the Contractor for performance for the Customer,
h) in the event that the Contractor has reasonable doubts as to whether there is no reason for refusal according to letter a) to g),
i) in the event that the Customer refuses to sign a special promise of compensation, the signature of which will be required by the Contractor in justified cases,
h) containing anonymous advertisements related to elections for the duration of the election campaign according to election laws or content that does not meet other requirements of election laws.

The above rules apply mutatis mutandis to objectionable content of advertising distributed to the Customer.

The contractor is entitled to refuse the service in whole or in part in the above cases.

The Contractor shall notify the Customer of its decision on rejection without undue delay. The customer is then obliged to supply the Contractor with faultless replacement documents without undue delay. In case of repeated refusal for the reasons mentioned in this paragraph, the Contractor has the right to withdraw from the concluded contract.

4.4 The customer is responsible for the legality of the delivery of messages via e-mail, for which he uses the services of the Contractor. The customer declares that he has secured all consents or there are other legal reasons for delivering the division to all clients, or to all users whose e-mail addresses will be given to the Contractor as documents for the performance of the contract in such a way that they correspond to both Czech law and the law of the country where the addressee is a resident or to which such communications will be sent. From the point of view of Czech law, the communication must be in particular in accordance with Act no. 480/2004 Coll., on certain information society services, Act No. 101/2000 Coll., on the protection of personal data, Regulation No. (EU) 2016/679 and Act No. 127/2005 Coll., on electronic communications.

4.5 The Customer agrees that the Contractor shall, to a reasonable extent, technically process the messages forwarded to him for distribution, especially for the purpose of securing the technical requirements of the connected networks, adapting these messages to the limitations set by third-party systems, especially the IBM Marketing Cloud system, and adapting them to the technologies and conditions used suppliers of individual solutions.

4.6 The customer acknowledges and undertakes, in particular, when delivering documents or communicating instructions and using computer and other systems, to comply with the terms and conditions and rules of cooperation with third parties with whom the contracting parties come into contact during the fulfillment of the order/contract (in particular, the conditions of Google server operators, Seznam.cz, Facebook, advertising systems Adform, Adwords, Sklik, IBM, etc.). At the same time, the Customer acknowledges that the Contractor is also obliged to comply with these terms and conditions and will proceed according to them when fulfilling the contract with the Customer.

In the event that any software used includes a third-party solution licensed by such third party, the conditions set by such third party must also be complied with.

4.7 If the Customer is provided with any license or sub-license for software and other objects protected by copyright (hereinafter referred to as "software"), the Customer acknowledges that such (sub)license is provided only for the purpose of fulfilling the concluded contract, as a non-exclusive, maximum for the duration of the concluded contract and exclusively for the territory of the Czech Republic. Without the prior written consent of the Contractor, the Customer is not entitled to provide third parties with any opportunity to use the software, either in the form of sublicenses, license transfer, lease or any other provision of access to the software for the purpose of its use.

The customer undertakes to enable the Contractor and/or the software copyright holders (especially IBM) at their request to check whether the software is being used in accordance with the agreed rules. The customer agrees that any software solutions may not be available indefinitely.

The Contractor and/or IBM are entitled to restrict access to the IBM Marketing Cloud system at regular intervals or, if necessary, outside of them for the purpose of performing its maintenance, error corrections and/or software and/or hardware modernization. Such regular maintenance may be carried out every Sunday between 12:00 PM and 4:00 AM. These rules apply similarly to other third-party systems used by the Contractor or the Contractor's own systems.

The customer agrees that third parties as suppliers of supporting or additional software solutions and components within the IBM Marketing Cloud exclude any liability for any damages. The same applies to any liability of the Contractor or third parties for any damages associated with the use of any other software by the Customer.

The customer undertakes not to use the IBM Marketing Cloud system and any other software in violation of the law or good morals, and further to use or publish or disseminate information that: (i) is illegal, (ii) is obscene, sexually explicit, pornographic, ( iii) discriminatory, (iv) harming minorities in any way, (v) infringing the copyrights of third parties, (vi) containing materials dangerous to the national or public security of any country, (vii) promoting terrorism or other objectionable or illegal behavior, (viii) contain a false identity for the purpose of deceiving others or in any way manipulate identifiers in order to hide the origin of the transmission or information (ix) containing any harmful software incl. computer viruses, computer worms, Trojan horses, spyware, adware, etc. The customer further undertakes not to use the IBM Marketing Cloud system and any other software in any way to obtain unauthorized information about other persons, incl. e.g. phishing, illegally gaining access to computer networks and devices, etc.

The customer expressly undertakes not to use the software in a way that violates the export restrictions for software valid in the territory of the Czech Republic or the USA. The customer undertakes to comply with the generally valid principles of corporate governance and undertakes not to carry out any activity in connection with the concluded contract that could be considered corrupt.

Customer will archive backup copies of all content provided for use within the IBM Marketing Cloud. Client acknowledges that messages and content will be available to Client through IBM Marketing Cloud for one hundred eighty (180) days after uploading or creation to IBM Marketing Cloud (or, in the case of Client's templates and databases, for one hundred eighty ( 180) days from the last active handling of them by the Customer). Messages and content may be archived and/or deleted from the IBM Marketing Cloud system at any time after this period expires; The Client acknowledges that IBM will archive and/or destroy all copies of messages and content immediately upon termination of the relevant order and/or agreement establishing the Client's right to use the IBM Marketing Cloud system.

Any password or other access data generated and assigned to the Customer for the use of the IBM Marketing Cloud system is used only for its internal use in accordance with the concluded contract and must be kept confidential by the Customer. Neither the contractor nor any software and service supplier is responsible for the loss or misuse of this data. The customer is obliged to document which of his employees have access to access data to the IBM Marketing Cloud system. The Customer acknowledges that if the Customer provides access data to the IBM Marketing Cloud system to a third party, its access to the IBM Marketing Cloud may be suspended immediately.

The customer undertakes not to copy and store the IBM Marketing Cloud system or any part of it on his computer equipment and will not use it otherwise than for the purpose of properly using this service for the purposes for which it is intended, in particular, he will not use it for the development of competing products. The customer acknowledges that the conclusion of the relevant contract does not entitle him to use any logo or trademark of third parties, especially IBM.

The Customer acknowledges that all declarations under these terms and conditions are made by the Contractor solely on its own behalf and that no declaration made here can be interpreted as a burden on IBM.

The Contractor is entitled to withdraw from this agreement with immediate effect in the event that the Customer violates any of its obligations under this article. This does not affect the right of withdrawal or termination arising from the law.

In the event of a breach by the Customer of the obligations/statements specified in this article, the Customer undertakes to compensate the Contractor and/or the operators of the relevant systems used for the provision of services to the Customer for all damages and losses incurred.


5. Complaints

5.1 In the event of an error on the part of the Contractor, the Customer is entitled to demand an adequate compensation within the complaint procedure, especially in the form of other replacement performance or a discount on the price. The choice between the claims listed above belongs to the Customer only if it is notified to the Contractor in a timely written notification of defects. The Customer is not entitled to change the claimed claim without the Contractor's consent.

5.2 The customer must make a complaint exclusively in writing, by registered letter to the address of the Contractor's registered office. Complaints submitted by email, fax or telephone are considered to have been duly applied only if the Contractor confirms their receipt.

5.4 The deadline for making a claim is 10 calendar days from the day the Customer discovered or could have discovered the error, but no later than 10 days from the delivery of the report or invoice by the Contractor.

The contractor reserves a period of 21 calendar days for a decision on the complaint. The customer is obliged to properly and sufficiently specify the claimed services when making a claim. Vague complaints may be rejected by the Contractor as unfounded.

5.5 The price discount is applied in the form of a corrected tax document. The obligation to repay is thus limited only to that proportional part of the performance, for which a justified complaint is not applied.

5.6 Objections to issued invoices - tax documents, which would result in a limitation of the Contractor's claim against the Customer, must be submitted by the Customer within 10 calendar days after delivery of the invoice, in writing to the address of the Contractor's registered office. The Customer must prove compliance with the deadline, otherwise the objection will be considered late.


6. Agreement on the protection of personal data during the provision of the Contractor's services

Both contracting parties undertake to comply with the provisions of regulations on the protection of personal data (in particular Regulation (EU) 2016/679 (hereinafter referred to as the "Regulation") and others).

On the basis of this contract, the Contractor will process the personal data of customers or other recipients of the Customer's marketing communications (hereinafter referred to as "customers") on the basis of this contract. The duration of the processing, the nature and purpose of the processing are determined by the concluded contract. The subject of processing is the personal data of customers that the Customer provides to the Contractor or that the Contractor processes as part of fulfilling its obligations under this contract or at the request of the Customer. The customer is fully responsible for determining the purpose of the processing, informing the data subjects about the processing, obtaining the correct legal reason for the processing, the accuracy of the data provided by him and the fulfillment of other obligations of the administrator according to the Regulation and other applicable legal regulations. The contractor is entitled to request the disclosure of this data. The Customer is also responsible for the processing carried out by persons other than the Contractor and the sub-processors designated by him and for the processing carried out in the systems, the use of which the Customer requested.

The Contractor will usually process the following personal data of the Customer's customers for the Customer: their name and surname, address including e-mail address, information about the customer's transactions in relation to the Customer, possibly including purchased goods and prices, information about the customer's behavior within the Customer's website , the content of messages and other marketing communications sent to customers, the customer's activities related to such communications, information obtained from the Customer's measurement codes located on its website, etc.

The Contractor will process personal data only on the basis of the Customer's documented instructions, which the Customer undertakes to transfer to the Contractor in the manner specified by the Contractor, including in matters of the transfer of personal data to a third country (see below) or an international organization, if such processing is no longer required by the law of the European Union or the Czech Republic ; in such a case, the Contractor will inform the Customer about this legal requirement before processing, unless these legal regulations prohibit this information for important reasons of public interest. The Contractor hereby informs the Customer that it will process the data to the extent necessary also for the purpose of fulfilling its obligations under the Regulation and the relevant adaptation act valid in the territory of the Czech Republic, Act No. 480/2004 Coll., regulations on accounting (in particular according to Act No. 563 /1991 Coll., on accounting, and regulations implementing it), tax regulations (especially according to Act No. 586/1992 Coll., on income tax and Act No. 235/2004 Coll., on value added tax and regulations are implementers).

The Contractor undertakes in connection with the processing of personal data for the Customer:
a) not to involve any other processor in the processing without the prior specific or general written permission of the Customer and to use only those processors that provide sufficient guarantees of the introduction of appropriate technical and organizational measures so that the processing meets the requirements of the regulations on personal data protection and to ensure the protection of rights data subject. Unless otherwise agreed in writing, the Customer grants the Contractor general permission to engage other processors. In the case of general permission, the Contractor will inform the Customer in an appropriate way (e.g. e-mail, the Contractor's newsletter) about any intended changes regarding the acceptance of additional processors or their replacement, and will thus provide the Customer with the opportunity to express objections to these changes; on the basis of a contract or other legal act under the law of the European Union or the relevant EU member state, such further processor must be subject to the same data protection obligations as set out in this contract, in particular the provision of sufficient guarantees in terms of the introduction of appropriate technical and organizational measures so that the processing meets the requirements of the Regulation. If the additional processor does not fulfill its obligations in the area of data protection, the Contractor shall continue to be fully responsible to the Customer for the fulfillment of the obligations of the affected additional processor. However, an additional processor involved by the Contractor is not considered to be a person who is involved in the processing by decision of the Customer or on the basis of a contract already concluded with the Customer (e.g. Google Inc. regarding the Google Analytics service, operators of advertising systems used according to the Customer's instructions). The contractor is not responsible for misconduct on the part of such persons,
b) process personal data only for the purposes of fulfilling the contract with the Customer and related purposes (including related protection of the Contractor's rights and documentation of performance provided by the Customer),
c) take into account the nature of the processing and be helpful to the Customer through appropriate technical and organizational measures, if possible, to fulfill the Customer's obligations according to regulations on personal data protection and to provide the Customer with the cooperation necessary to fulfill the rights of data subjects or cooperation to the extent necessary and without unnecessary delay with the supervisory authority, for the avoidance of doubt, it is stated that the costs of this cooperation beyond the scope of usual technical measures (e.g. when handling individual requests of data subjects within the right of access, etc.) are not covered by fixed or flat-rate payments, but will be charged by the Contractor separately according to its price list, unless otherwise agreed in writing,
d) ensure that the persons used by him for the processing of personal data commit to confidentiality or that they are subject to a legal obligation of confidentiality,
e) notify the Customer without undue delay of a breach of the security of personal data in the event that the Customer is obliged to notify such a breach to the supervisory authority and whether such a breach of security would represent a significant risk to the rights and legitimate interests of the Customer, unless such notification would be in conflict with applicable law,
f) provide the Customer with all the information necessary to demonstrate that the obligations set out in Article 28 of the Regulation have been fulfilled, in a reasonable and usual scope,
g) to allow the Customer, at his written request, audits, including inspections (hereinafter referred to as "inspections"), carried out by the Customer or another auditor authorized by the Customer, to a reasonable and customary extent, and to contribute to these inspections; The contractor is entitled to demand a reasonable payment for this cooperation, which, unless otherwise specified, will be determined as an amount of CZK 500 excluding VAT per man-hour for the first inspection in the calendar year and CZK 1,500 excluding VAT per man-hour for subsequent inspections in the calendar year (However, the contractor is obliged to allow only one inspection in a period of every 12 months); The customer will further reimburse the contractor for all purposefully incurred costs related to such an inspection. However, the Contractor is entitled to refuse to carry out such further checks, if the Customer does not have a serious reason for carrying them out. The above amounts will be from 1.7. of the calendar year following the year in which the contract between the Client and the Contractor becomes effective, to increase by the rate of consumer inflation (increase in the consumer price index) announced for the previous calendar year by the Czech Statistical Office. The customer is entitled to entrust such control - if he does not perform it himself - only to a law firm or a person professionally engaged in the protection of personal data (but not to a person competing with the Contractor). The person conducting the inspection (including persons conducting it for the Customer) must be obliged to maintain confidentiality regarding the information obtained as part of such inspection and may not use the data obtained during the inspection other than to fulfill the duties of the Customer as administrator according to the Regulation. The customer is obliged to prove this fact to the contractor. During the inspection, the contractor is entitled to make available information and documents, the disclosure of which could threaten the rights or interfere with the rights of third parties (e.g. providers of relevant licenses and systems, personal data and trade secrets processed for other persons, etc.) or the right to protect know-how how, confidential information or trade secrets of the Contractor, only to the general extent or in a manner that does not jeopardize the above facts. However, the contractor is always entitled to refuse to make available such information and documents, the disclosure of which cannot be fairly demanded from him. On-site audits and inspections (at the Contractor's premises) will only be carried out in justified cases and must be carried out in a manner that will minimize their impact on the Contractor's activities. The details of the inspection carried out will always be negotiated in a special written agreement concluded between the Customer and the Contractor, which the contracting parties will conclude within 15 days from the date of delivery of the Customer's written request for the inspection to the Contractor.

The contractor may only process personal data for the necessary period of time and undertakes to delete all personal data and delete existing copies of such data after termination of the provision of services associated with the processing, unless the law of the European Union or the Czech Republic requires the storage of the given personal data or if such data is not necessary stored for a reasonable period of time for the purpose of processing complaints, protecting the rights of the Contractor or third parties or otherwise fulfilling the contract concluded between the Customer and the Contractor.

Taking into account the state of the art, implementation costs, the nature, scope, context and purposes of processing, as well as the variously probable and variously serious risks to the rights and freedoms of natural persons, the Contractor shall implement appropriate technical and organizational measures to ensure a level of security corresponding to the given risk, possibly including :

a) use of access passwords to the Contractor's computer systems,
b) locking the Contractor's premises, in which personal data are located, if they are not under the supervision of an associate of the Contractor,
c) camera surveillance at the entrance to the Contractor's premises,
d) pseudonymization or encryption of personal data, where it is appropriate and customary with regard to the nature of the processed data and acceptable from the point of view of costs,
e) the ability to ensure continuous confidentiality, integrity, availability and resilience of processing systems and services in the scope and cases customary in the market,
f) the ability to restore the availability of personal data and access to it in a timely manner in the event of physical or technical incidents in the scope and cases customary in the market,
g) the process of regular testing, assessment and evaluation of the effectiveness of established technical and organizational measures to ensure processing security.

When assessing the appropriate level of security, the risks posed by the processing, in particular the accidental or illegal destruction, loss, alteration, unauthorized disclosure of transmitted, stored or otherwise processed personal data, or unauthorized access to them, the costs associated with such measures and the reasonable situation of market.

The Client undertakes to provide the Contractor with all personal data protection impact assessments carried out by him (including their changes), prepared in relation to the processing in which the Contractor will participate, the possibility (to a reasonable extent) of consultations with the Client's personal data protection officer, if appointed , or a person dealing with the protection of personal data at the Customer, as well as other necessary cooperation to fulfill the Contractor's obligations according to this contract or the law. The Customer undertakes to notify the Contractor of the initiation of each inspection by the supervisory authorities regarding the processing in which the Contractor will participate and to inform him, to the extent permitted by law, of the progress of such inspection.

The Contractor shall take measures to ensure that any natural person who acts on behalf of the Processor and has access to personal data only processes such personal data in accordance with the instructions of the Customer, unless their processing is no longer required by the law of the European Union or a member state.

The customer agrees that within the framework of the Contractor's or its subcontractors' systems, data may be processed outside the EU as well, if the conditions and restrictions established by legal regulations are met. In particular, the customer agrees that personal data may be processed in the USA by companies that meet the conditions of the European Commission's decision on the so-called Privacy Shield.


7. Final Provisions

7.1 The contracting parties undertake not to disclose mutual data and information obtained as part of cooperation to any third party (except for their legal, tax, accounting and similar advisors and persons forming a group of contracting parties, on the condition that they will be bound to confidentiality to the same extent , as the contracting party and with the exception of relevant subcontractors or persons approved by the other contracting party). This restriction does not apply to information that has been passed on for communication to third parties.

Any letter, notification or other document will be considered delivered to the other contractual party if it is delivered to the relevant contractual party at the address, fax number or e-mail address specified for these purposes in the partial contract or order ("contact details"), or at any other address demonstrably notified by one contracting party to the other contracting party for the purpose of delivering written notices or to the address of the contracting party's headquarters entered in the public register.

In case of doubt, the moment of delivery of the written document is considered to be the hour and minute indicated in the confirmation of successful delivery of the e-mail message to the other contractual party, or the hour and minute indicated in the message of successful sending of the fax message to the other contractual party. In the case of a document sent by post, it is considered in doubt that the document sent by registered mail was delivered on the third day after the date of sending the document.

The contracting parties undertake to inform the other contracting party in writing about changes in contact details or possible problems with delivery to the respective addresses and/or telephone numbers, in sufficient time, if the relevant change or problem is known to them in advance, or without unnecessary delay afterwards, what relevant change or problem occurs.

Both contracting parties are entitled to publicly state that they are cooperating with each other to a reasonable extent.

7.2 These terms and conditions are drawn up in Czech and English. In case of any ambiguities or interpretation problems, the Czech version is decisive.

The contracting parties have further expressly agreed that their contractual relationship based on orders, sub-contracts, framework contracts, their individual annexes or these terms and conditions, its validity and consequences of invalidity, effects, form and other requirements are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., Civil Code, as amended.

Provisions of § 1799 and § 1800, § 1805 paragraph 2, § 1913, § 1950, § 1952 paragraph 2 and § 1995 paragraph 2 of Act No. 89/2012 Coll. are not enjoyed between the parties.

The contracting parties expressly agree that the Contractor is entitled to refuse performance according to the concluded contract even in the event that the Customer is in delay in fulfilling his other obligation (arising for another legal reason) towards the Contractor.

If payment in installments was agreed upon and the debtor fails to meet any of the installments, the contracting parties have agreed that the creditor has the right to settle the entire claim and can exercise this right even after the due date of the next installment.

The Contractor is entitled to set off any of its due receivables from the Customer against the Customer's receivables from the Contractor, regardless of whether these receivables are due or not and regardless of the currency or legal relationship from which they arose. It is expressly permitted to set off receivables in different currencies. Offsetting is always governed by Czech law.

7.3 The contractor is under no circumstances liable for damages that were not caused by him intentionally or due to gross negligence, and for damages caused by circumstances excluding liability, extraordinary and unforeseeable obstacles arising independently of his will or by force majeure (force majeure, according to the agreement of the parties, is always considered to be e.g. . strike, lockout, war and restrictions resulting from a state of war, terrorist attacks, insurrection, action of natural forces, fire, etc.) and for other damages for which it is stated in these conditions. The Contractor is not obliged to pay damages to any person other than the Customer.

7.4 These Terms and Conditions and all documents to which they refer are an integral part of the contract concluded between the Customer and the Contractor. In the event of a conflict between the content of the contract and the Terms and Conditions, the text specified in the contract shall be used. Contracts agreed in writing may be changed or terminated only by written negotiation, changes in a less strict form are excluded. The contract, during the conclusion of which the Contractor was represented by executives, can only be changed by legal action, during which the Contractor will again be represented by executives or persons expressly authorized for such action by an individual written power of attorney.

7.5 The contractor may change these terms and conditions to a reasonable extent, especially in the case of:
a) changes in individual products that would affect their functionality, including changes made by suppliers of these products,
b) introduction of new products,
c) changes or cancellation of legal regulations, issuance of new legal regulations or changes in the interpretation of relevant legal regulations,
d) changes in prices charged by the Contractor by third parties,
e) changes in the price level on the market,
f) changes in the interpretation of relevant legal regulations,
g) unpredictable changes in the market, or
h) changes made to the terms of service of product suppliers, in particular to the terms of the IBM Marketing Cloud product.

The change will be notified to the Customer at the Contractor's choice either by sending the relevant information and the full text of the change to the conditions in a suitable format (e.g. .pdf or .html) to the Customer's contact e-mail address or by written notification. Such a change enters into force between the Contractor and the Customer upon the expiration of the period set by the Contractor, which is usually one month; however, this period is at least 25 days from the date of notification of the change. If the Customer does not agree to the change, he is entitled to terminate the relevant contract within the period according to the previous sentence with a notice period of 30 days. In the event that the Customer exercises this right to terminate the contract, such early termination of the contract is not considered a breach of contract by the Customer and the Customer's right to the agreed discounts does not expire or is not limited (unless this right expires or is (could be) limited for other reasons) on the Customer's side). In the event that the Customer does not exercise his right to terminate the contract, he is deemed to have agreed to the change. However, the Contractor reserves the right to accept such a change to these conditions, which will not be associated with the Customer's right to terminate the contract, provided that the Customer will be bound by such a change only if he agrees to it. Changes made by third-party product suppliers are effective at the time specified by those product suppliers.
When introducing new products, the customer reserves the right to set different business conditions, technical conditions or price lists for them.

Changes to the instructions on the processing of personal data can be made at any time without restrictions. The customer will be informed of these changes in an appropriate manner.

7.6 The contracting parties hereby, in accordance with § 89a of the Code of Civil Procedure or by Regulation (EU) No. 1215/2012 agree on the jurisdiction of the Czech courts for all disputes between them arising from this contract, namely the local jurisdiction of the District Court for Prague 4 as a court of first instance. In the event that the court of first instance will be the regional court, the contracting parties agree on the local jurisdiction of the Municipal Court in Prague for all disputes between them.

7.7 The customer undertakes, at his own expense and risk, to properly and within the deadlines set by law fulfill the obligations relating to the concluded contract established for the relationship between the customer and the contractor by Act No. 340/2015 Coll. (hereinafter referred to as "ZRS"), if this law applies in the given case. In the event that this law allows certain parts of the contract or information to be excluded from publication, the Customer shall exclude such parts of the contract or information from publication.
In particular, the customer undertakes to properly and timely ensure the publication of this contract in the register of contracts according to the ZRS without unnecessary delay, no later than 15 days after its conclusion, and is obliged in particular to:
• create an electronic image of the text content of the contract in an open and machine-readable format,
• exclude from the contract information that must not (or need not) be published,
• fill in the metadata correctly,
• send the contract for publication to the registry administrator,
• inform the Contractor about the publication of this contract by sending a confirmation of the publication of the contract generated by the administrator of the contract register without undue delay after receiving the confirmation.
The Contractor has the right to ensure the publication of this contract himself, if the Customer does not publish the contract within 15 days from the date of its conclusion, or if he has another reasonable reason for doing so.

The Contractor is authorized to demand compensation for damage or non-pecuniary damage caused by the breach of the Client's contractual obligation to publish this contract in a proper and timely manner.

The contracting parties have agreed that all provisions of this contract, especially this article, regarding its publication according to the ZRS are severable from the rest of the content of this contract, and that any ineffectiveness or invalidity of the contract due to its non-publication does not cause their ineffectiveness or invalidity. The contracting parties have agreed that in case of doubt as to whether the value of the subject of the contract is higher than CZK 50,000, the contract will be published. The publication of this Agreement does not relieve the parties of the obligation of confidentiality regarding its contents.
If the contract between the Customer and the Contractor does not enter into force or if it becomes invalid as a result of its non-disclosure, the contracting parties undertake to cooperate with each other and to remedy this situation by means of a settlement agreement.
The contracting parties have agreed that the Contractor is entitled to withdraw from this contract if the deadline set for sending this contract to the registry administrator for publication expires in vain.

The customer undertakes to treat the content of this contract as his trade secret. The same applies to other laws regulating the publication of information, in particular Act No. 247/1995 Coll. and other election laws.

7.8. Should the Customer have any reasons that could establish legal liability or other liability of the Contractor for the Customer's tax obligations, the Customer is obliged to inform the Contractor of such facts in writing without delay.

7.9. Withdrawal from the contract between the Customer and the Contractor always has ex nunc effects. It is possible to withdraw from this contract for the reasons expressly stated in it, or for legal reasons.

7.10 In the event that some provisions of the order, partial contract, framework contract or these terms and conditions prove to be invalid, ineffective or unenforceable, or some provisions are missing, the other provisions remain unaffected by this fact. The parties agree to replace such invalid, ineffective or unenforceable provision with another provision that best fulfills the same business purposes as the invalid, ineffective or unenforceable provision.

7.11 These Terms and Conditions are valid and effective from 25/05/2018.

 


 

Attachment:
Instructions on the processing of the Customer's personal data by the Contractor (hereinafter also referred to as "partner")

This instruction summarizes the basic principles of personal data processing by ACOMWARE, s.r.o. (hereinafter referred to as "ACOMWARE"), if it concerns personal data of actual or potential contractual partners - natural persons (except employees).


 

Overview of processed (types) of data and their sources

In this section, you will learn what types of personal data we will process about you. All information about an identified or identifiable natural person (also called "data subject"); an identifiable natural person is a natural person who can be directly or indirectly identified, in particular by reference to a certain identifier, for example a name, identification number, location data, network identifier or to one or more special elements of physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person. The personal data that we will process about you will usually be obtained directly from you, or as part of contractual cooperation with you. In justified cases (especially when recovering owed amounts), we can also search for additional information about you from open sources.

Personal data of contractual partners - natural persons (hereinafter referred to as "partner"), which will be processed by ACOMWARE, include in particular data provided by such persons (typically first and last name, place of business, ID number, tax identification number, account number, contact information (e-mail address and telephone number), date of birth, data specified in the contract, invoiced and paid (owed) amounts, data on ongoing performance and communication with partners (or their employees). In connection with communication with the partner, ACOMWARE may also store some technical data, i.e the time of the communication with the partner and the IP address from which it will be sent.For potential contractual partners - entrepreneurs, our company may process data obtained from open sources (e.g. their website or advertisement entered by them) in order to be able to contact them by phone with an offer of services Our company can save such basic data in its CRM system for further contact.

 


 

Processing purposes

In this section, we present an overview of the purposes for which we will use (process) your personal data. Usually, each piece of data is used for multiple purposes at the same time. The means of processing, processing time, etc. depend on the specified purposes in certain specified cases in Regulation (EU) No. 2016/679 we may process your data for purposes other than those listed below, however, these are exceptional and limited cases that Ordinance subject to the fulfillment of other conditions.

The primary purpose of processing the contractual partner's personal data will be the conclusion and performance of the concluded contract. In this context, the data will be further used to record and properly fulfill ACOMWARE's contractual relationships, to control the activities of our employees, for statistical purposes, further development of ACOMWARE's services, either the service that relates to the concluded contract or internal administrative procedures in ACOMWARE, to debt collection and protection of the rights of ACOMWARE and third parties (e.g. other contractual partners), especially against illegal activity. Data (especially obtained from communication with the partner, such as IP address and time of communication) will also be used for the purpose of ACOMWARE's IT security. Furthermore, the partner's personal data will be used by ACOMWARE for the purpose of fulfilling its legal obligations, in particular in accordance with the regulations governing accounting and taxation, regulations regarding the protection of personal data (both of the partner or persons acting on his behalf), regulations on the regulation of advertising, etc. and for the purposes of direct marketing (i.e. in particular sending offers for our other products and services, i.e. contacting by e-mail or telephone).

 


 

Legal basis of processing

Any processing of personal data must be lawful - it must be based on some v Ordinance listed legal basis of processing. Similar to the purpose, each piece of data can be processed on the basis of multiple legal reasons for processing. If all legal grounds no longer apply, we will stop processing your data. Possible legal reasons for processing are listed in Article 6 Ordinance. Please note that if we process your personal data based on your consent, you have the option to revoke this consent at any time (to revoke, use the interface of the service you are using, or contact us at the contacts below). Revocation of consent does not affect the legality of processing based on consent that was given before its revocation. However, contractual partners' data are usually not processed on the basis of consent.

The legal basis for the processing of personal data of partners is the necessity of fulfilling the contract (including the collection of incurred claims), the legitimate interests of ACOMWARE (given by the interest in registering contractual relationships and the interest in protecting their rights against illegal activity, including IT security, processing for statistical purposes and further development of ACOMWARE services , processing for direct marketing) and third parties (especially other contractual partners participating in the performance, in which the partner will also participate) and the fulfillment of legal requirements (in particular the prevention of criminal activity, the fulfillment of requirements according to regulations on the protection of personal data (in particular Act No. 101/2000 Coll Regulation No. (EU) 2016/679), accounting, fulfillment of obligations according to tax regulations and regulations regulating advertising (especially Act No. 40/1995 Coll.) ).


Right to object

The right to object is your important right. It allows you to review the processing carried out on the basis of our so-called legitimate interest in the case where this is justified by your specific situation - i.e. in the case when the processing itself is permissible, but there are specific reasons on your part why you still do not want the processing to take place. However, the possibility to raise an objection does not apply to all cases of processing, e.g. it is not possible to use it in the case when we process your data necessary for the performance of the contract or when their processing is imposed on us by law. The right to object is enshrined in Article 21 Ordinance.

If the legal reason for the processing of the partner's personal data is the legitimate interest of ACOMWARE (this is in particular the processing of data for the purposes of IT security, for statistical purposes and further development of ACOMWARE services and the protection of the rights of ACOMWARE and third parties), the partner has, for reasons relating to his specific situation, the right to object to such processing of personal data at any time. In such a case, ACOMWARE will not further process such personal data, unless there are serious legitimate reasons for the processing that outweigh the interests of the partner or his rights and freedoms, or unless they are processed for the determination, exercise or defense of legal claims. The partner can object to processing via the contact details listed below or preferably via e-mail osobni.udaje@acomware.cz. In the e-mail, please state the specific situation that leads you to the conclusion that ACOMWARE should not process the data.

In the case of data processing for the purposes of direct marketing (sending marketing messages), it is always possible to raise an objection without further ado, so in this case you do not have to give any reasons why you do not wish to continue to send marketing messages. In these cases, the best way to object is to unsubscribe from further communications using the link that will usually be included in them for this purpose.

We would like to point out that even in the cases mentioned above, parallel processing of personal data will sometimes take place for other purposes, which will justify ACOMWARE continuing to process such data.


The time after which the data will be processed

Our company cannot process your data for any length of time, but the processing time is limited to the period when we really need your data. We try to limit the length of this period so that it properly takes into account both your and our interests. Sometimes it is more difficult to determine the necessary processing time, or for security reasons it is not appropriate to communicate the exact length of this time, so below we at least list some criteria according to which we decide when determining the length of processing of your data.
ACOMWARE will process the contact details of partners for the purpose of sending commercial messages until the partner expresses his disapproval of such sending. Even then, however, ACOMWARE will process basic data about why it sent commercial communications to the partner for a reasonable period of time to prove the legitimacy of such sending.
Personal data will be processed for a reasonable period of time with regard to the purpose of processing (e.g. contracts will be registered for a standard period of 10 years from their termination). If the processing period is determined by legal regulations, personal data will be processed for such a period, unless the reasons listed below justify a longer processing period. When determining the adequacy of the processing time of personal data, the following aspects will be taken into account: (i) the length of the limitation period, (ii) the probability of raising legal claims, (iii) usual procedures on the market, (iv) the probability and significance of imminent risks and (v) any recommendations of supervisory authorities.


 

Updating data

One of our duties as a personal data controller is to process accurate data, or to complete incomplete data, depending on the circumstances. If you provide us with information about a change in your data, you will help us fulfill this obligation properly.
If there is a change in the data provided or other data provided by the partner, we may ask for information about such change to be sent.
In order to update the data, it is possible to contact ACOMWARE at the contacts listed below, preferably by e-mail at osobni.udaje@ACOMWARE.cz.


 

Business communication

We may also process data about our potential, current or past partners for the purposes of so-called direct marketing, which is typically the sending of e-mails or telephone contacts with offers of similar products or services as you purchased from us. The sending of offers is not limited in time, but if you express a wish that we no longer send you such offers, we will not send them to you. However, we will continue to process the basic sending data for a reasonable period of time in order to be able to prove why we sent you these offers. We will not transfer your data to any third parties for the purpose of sending offers (with the exception of our subcontractors - processors who will perform the processing for us).
The partner acknowledges that ACOMWARE will, in accordance with the provisions of § 7 of Act No. 480/2004 Coll. sent commercial messages to his address (including e-mail), he will be contacted by unsolicited direct mail containing commercial messages and through unsolicited telemarketing containing commercial messages regarding ACOMWARE products, business and services. The partner can refuse this sending at any time at the address of the ACOMWARE headquarters or via an e-mail address osobni.udaje@ACOMWARE.cz. Such a refusal does not - unless the partner expressly determines otherwise - affect the sending of other types of commercial messages than those to which the partner responds.


 

How the processing will take place and its consequences

Nowadays, most of the processing takes place by computer, so we will usually process your data in a computer system (e.g. in our CRM system, within the Outlook application in the case of e-mails, in our accounting system in the case of data necessary for invoicing, etc. ). Of course, this does not exclude the processing of documents in filing cabinets, such as the system for storing paper contracts or business card filing cabinets maintained by our individual employees.
ACOMWARE will process personal data mainly in its computer systems and the computer systems of processors. ACOMWARE will process the documents in its filing cabinet. The provision of processed data by the partner is voluntary (however, without the provision of certain data, the contract will not be concluded, and in some cases, certain data are subsequently required by law, especially accounting regulations).


 

Personal identification number

We will process your social security number only if you voluntarily enter it on the contract or if it is required by law (unless it is expressly stipulated by law, our company does not insist that you state your social security number on contracts, so it is better not to include it in contracts) .
In the event that a partner - a natural person provides ACOMWARE with information about his social security number on the basis of or in connection with a concluded work contract, he agrees as the bearer of this social security number within the meaning of § 13c paragraph 1 of Act No. 133/2000 Coll. with the provision that ACOMWARE uses this personal identification number for the purposes of recording contracts, provided performance and protection of ACOMWARE's rights, to archive, process and use it for this purpose. Any revocation of consent pursuant to this article does not affect ACOMWARE's authorization to process information and data that results from the relevant legal regulations or for other purposes, unless expressly provided otherwise.


 

Transfer of personal data to other persons (recipients of personal data)

Not all processing of personal data is carried out by our company itself. We sometimes hire third parties, so-called personal data processors, for processing. We try to choose only such processors who are sufficiently trustworthy.
ACOMWARE may make personal data available to third parties only in cases where it is required or permitted by law or with the consent of the partner. ACOMWARE makes personal data available only to the usual extent to processors or other recipients - suppliers of external services (typically programming or other technical support services, suppliers of computer systems, server services, e-mail distribution and archiving service providers), (backup) server operators or technology operators used by ACOMWARE, who process them in order to ensure the functionality of the respective services. In addition, personal data may be made available to the strictly necessary extent to legal, economic and tax advisors and auditors or persons forming a concern with ACOMWARE, who process them for the purpose of providing consulting services. Personal data relating to debtors may also be made available to companies providing debt insurance or debt collection agencies for the purpose of recovery or debt collection. Upon request or in case of suspicion of illegal activity, personal data may also be transferred to public administration bodies. Some special regulations allow the persons concerned to request the communication of certain data, e.g. according to § 6b paragraph 2 of Act No. 40/1995 Coll. the distributor of the advertisement is obliged to inform the person who demonstrates a legitimate interest who is the sponsor and processor of the advertisement.


 

Transfer of personal data abroad

While the principle of free movement of persons in the EU applies according to the Regulation, the Regulation restricts the transfer of personal data abroad outside the EU. By default, our company does not transfer personal data to countries outside the EU. However, it may happen that your personal data will be processed in a computer system whose servers will be located outside the territory of the EU, although we try to avoid such situations. With regard to systems typically used in business, this would be at most systems using servers located in the United States of America. In such a case, we would choose as a contractual partner a company that will meet the conditions approved by the European Commission for the secure transfer of data between the EU and the USA, the so-called Privacy Shield. If we transfer your personal data outside the EU, we will inform you about this in an appropriate way if necessary.


 

Instruction on the rights of data subjects

Instruction according to Act No. 101/2000 Coll. on the protection of personal data for the period up to 24.5.2018

In accordance with the provisions of § 5, § 11, § 12 and § 21 of Act No. 101/2000 Coll., on the protection of personal data, we hereby inform all natural persons (so-called data subjects) whose data ACOMWARE processes of their legal rights:
Every data subject has the right to access personal data and the right to correct personal data. Any data subject who discovers or believes that the administrator or processor is processing his personal data in violation of the protection of the private and personal life of the data subject or in violation of the law, especially if the personal data are inaccurate with regard to their purpose processing, may ask the administrator or the processor for an explanation, demand that the administrator or the processor remove the state thus created. In particular, this may involve blocking, correcting, supplementing or deleting personal data. If the data subject's request is found to be justified, the controller or processor will immediately remove the objectionable condition. If the administrator or processor does not comply with the data subject's request, the data subject has the right to contact the Office for Personal Data Protection directly (this procedure does not preclude the data subject from contacting the Office for Personal Data Protection without further ado). If, as a result of the processing of the data subject's personal data, other than property damage has occurred, the procedure for asserting her claim is in accordance with a special law.


 

Instruction for the period from 25/05/2018 according to Regulation (EU) No. 2016/679 of the European Parliament and of the Council (hereinafter referred to as the "Regulation"):

A natural person has the right with our company as a personal data administrator:
a) to request access to personal data processed by the administrator, which means the right to obtain from the administrator a confirmation as to whether or not the personal data relating to her are being processed, and if so, she has the right to obtain access to this personal data and other information listed in Article 15 of the Regulation,
b) request the correction of personal data processed about her if they are inaccurate. Taking into account the purposes of the processing, in some cases it has the right to also request the completion of incomplete personal data,
c) request deletion of personal data in the cases specified in Article 17 of the Regulation.
d) request the restriction of data processing in cases that are regulated in Article 18 of the Regulation,
e) obtain personal data relating to her and
(i) which we process with her consent, or
(ii) which we process for the performance of a contract to which such a natural person is a party or for the implementation of measures taken prior to the conclusion of the contract at his request
in a structured, commonly used and machine-readable format, while having the right to transfer this data to another administrator, under the conditions and with the restrictions specified in Article 20 of the Regulation and
f) has the right to object to processing in the sense of Article 21 of the Regulation for reasons relating to her specific situation.

If we receive such a request, we will inform the applicant of the measures taken without undue delay and in any case within one month of receiving the request. If necessary, this deadline can be extended by another two months, taking into account the complexity and number of applications. In certain cases stipulated by the Regulation, our company is not obliged to comply with the request in whole or in part. This will be the case in particular if the request is manifestly unfounded or disproportionate, especially because it is repeated. In such cases, we may (i) impose a reasonable fee that reflects the administrative costs associated with providing the requested information or communication or taking the requested action, or (ii) refuse to comply with the request.

If we receive the above request, but have reasonable doubts about the identity of the applicant, we may ask him to provide additional information necessary to confirm his identity. We will archive your requests and our responses to them, including their content, for a reasonable period of time (usually 3-4 years) in order to protect our rights and fulfill our obligations under the Regulation.

In the event that the partner believes that ACOMWARE processes his personal data without authorization or otherwise violates his rights, he has the right to file a complaint with the supervisory authority (i.e. Office for Personal Data Protection) whether he has the right to request judicial protection.


 

How can you contact us?

You can use the following contacts for any comments and questions about the protection of personal data and for contact regarding the exercise of your legal rights:
ACOMWARE, s.r.o
Prague 4, Budějovická 778/3, zip code 140 00
e-mail: osobni.udaje@acomware.cz
tel.: 737 289 119 – reception (please request a link to the company's legal department)

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