General terms of service and protection of personal data

General terms of accommodation and other related services (hereinafter referred to as "GTC") to RNDr. Daniela Sečkárová, IČO: 40398153, registered office: A. Bernoláka 5343/40, nutrition number. register: 508-6803, district office Ružomberok.

INTRODUCTORY PROVISIONS
1. Company RNDr. Daniela Sečkárová, with registered address: A. Bernoláka 5343/40, nutrition number. Register: 508-6803, District Office Ružomberok ("Provider"), IČO: 40398153, DIČ: 1046434114, contact e-mail: ruzomberok@penzionandrej.sk, is the provider of services:
  - Accommodation services without catering
  - and other related services.
  (hereinafter also referred to as the "Service" or together as "Services") according to the objects of business registered in the Commercial Register.
2. The subject of the GTC is the adjustment of the mutual rights and obligations of the Provider and the User. GBCs form an integral part of the Agreement concluded between the Provider and the User.
3. These GBTC apply exclusively to the provision of those User Services contained therein and together with all other written contractual documents and oral arrangements concluded between the Provider and the User in connection with the provision of the Services, define the content of the engagement relationship between the Provider and the User. These GTC do not apply to the supply of goods by the Provider as a supplier to third parties.
4. The terms and terms defined or used in these GBCs shall be used and have the same meaning in any legal relationship between the Provider and the User regarding the Services, unless otherwise expressly agreed by the parties in writing or otherwise expressly agreed by the parties.
5. By paying the price for the ordered service, the User confirms that he has become acquainted with the wording of these GBCs.
DEFINITION OF CONCEPTS
1. A contract for the provision of accommodation and other related services (hereinafter referred to as the "Agreement") is a standardized form of contract under which the User orders the Provider's Services. A completed and submitted form marked as an Order or Reservation is also considered to be a Contract. The creation of a new billing profile is also considered to be a User. Draft Orders (Orders) in the form of an unreleased form are located and accessible to anyone on the Provider's website and allow you to enter User and Service data and their binding order with the Provider.
  - A Service Contract, Service Contract, Individual Service Agreement, or other Contract shall be concluded between the Provider and the Customer or the User separately in writing for the delivery of the Work or the provision of the Service, based on the individual requirements of the Customer or the User, especially in cases where not covered by the Accommodation Services Agreement. The provisions of these GTCs shall apply mutatis mutandis to a contractual relationship established by such a contract unless otherwise expressly agreed by the parties in writing. If the term "Contract" is used in these GTCs, the contract concluded under this GTC item is also meant.
  - Individual arrangement is a special agreement on qualitative or quantitative parameters of service provision and sanctions for non-compliance; no user is entitled to enter into such an arrangement. The individual arrangement becomes an integral part of the Agreement concluded on the date of its conclusion, as a supplement or supplement.
2. GBTC are those General Terms and Conditions which form an integral part of the Agreement unless otherwise agreed in writing by the parties (Section 3.1.a.)
3. Provider is RNDr. Daniela Sečkárová, with registered address: A. Bernoláka 5343/40, nutrition number. register: 508-6803, district office Ružomberok (hereinafter referred to as "the Provider"), IČO: 40398153, DIČ: 1046434114 ..
4. User is a natural person or legal entity that is in a contractual relationship with the Provider on the basis of the Contract (Orders). A user who does not act on the subject of his business or other business when concluding and performing a contract is a consumer.
5. Consumer means a User - a natural person who does not use the Services provided in the course of his business or other business activity.
6. The period of provision of the Service (s) is the period of time between the date of effect of the Agreement and the date of its termination.
CONCLUDE CONTRACT, SUBJECT OF CONTRACT
1. Every interested person has the right to conclude a contract with the Provider under the terms and conditions established by the generally binding legal regulations and these GBTC.
2. The contract may be concluded at a distance by filling in and sending the Order / Reservations via the Provider's website or in writing. A contract concluded by filling and sending the Order through the Provider's website takes effect only upon payment of the first installment of the Service price on the basis of a pre-invoice or other valid document issued by the Provider unless the Service is provided free of charge. In the case of providing a free Service, the contract is concluded at the time of delivery of its acceptance by the Provider to the User in an e-mail or other demonstrable way or the moment of the actual start of the provision of the Service.
3. Provider is bound by his offer, including the Price before expiry of the maturity of the pre-invoice or the payment of the relevant fee.
4. The subject of the Contract on the part of the Provider is, in particular, its commitment to provide the User with the services of the specified quality and the agreed scope to the User under the terms and conditions specified in the Agreement, individual arrangements and these GBCs.
5. The subject of the User Agreement is its commitment to pay the Service Fee, to exercise the rights and to comply with the obligations under the Agreement and these GBCs.
6. An integral part of the Agreement is the GTC and the Price List.
7. An error that occurred when entering the data (data) into the Order can be corrected by clicking on the appropriate field in the Order in which the User erases the incorrect data and states the correct wording. After the order is placed, the order becomes valid.
RIGHTS AND OBLIGATIONS OF THE USER, USE OF SIMILAR SERVICES
1. The user is especially entitled to:
  1. to use the Services provided by the Provider under the terms and conditions set forth in these GBCs, to be in no way interfered with by any other User or a third party or Provider;
  2. request a refund of the proportion of the price for the period of non-provision of the Service in the case of a fault by the Provider, upon whose return the User requests the Provider no later than one month after the interruption of the provision of the Service, unless otherwise agreed;
  3. to address their requests and comments to staff,
  4. choose any service from the Provider's offer in accordance with the applicable policies;
  5. to provide complete and truthful information about facts that may affect the quality and stability of the Services Provided by the Provider in a timely manner if such disclosure is possible and expected in the circumstances and in the circumstances;
  6. the funds and services provided are used solely for the purpose of their determination in accordance with these GTC and generally binding legal regulations.
2. The user is especially obliged to:
3. to pay the Service Fee as well as all fees associated with the provision of the Services under the Agreement and the Price List based on the tax invoice (invoices) issued and delivered by the Provider by e-mail or in written form;
4. to notify throughout the duration of the contractual relationship by email or other valid contact:
  - changes in the Contact Name, no later than 30 days after the date of such change;
  - any changes to his identification or personal data, no later than 30 days after the date of such change;
  - to promptly notify the Provider of any User whatsoever that could adversely affect the Provider's provision of the Services;
5. not to use the Services in a way that would unduly restrict other Provider Users in the use of these Services, or otherwise unduly restrict the Provider;
6. to use the Services in accordance with the laws of the Slovak Republic, the Contract and any instructions and instructions of the Provider.
7. The user is aware of his / her possible criminal liability under Act no. 300/2005 Coll. as amended (the Criminal Code) for actions contrary to the provisions of the aforementioned Act.
8. The user is responsible for the truthfulness, correctness and completeness of the identification data and personal data he / she provides to the Provider. If the User provides third party data, he / she is required to act solely on the basis of a specific legal relationship with that third party or is required to obtain prior consent of that third party by entering his identification or personal data. At the Provider's request, the User is required to provide the Provider with a third party's prior consent to prove it.
WITHDRAWAL OF CONSUMERS FROM THE TREATY
1. The user who is a consumer is entitled to withdraw from the contract (orders) without giving any reason within fourteen days of the day of its conclusion. The user is not entitled to withdraw from the Agreement if the Service has begun to be performed with his explicit consent prior to the expiration of the withdrawal period. A user who is a consumer can apply the withdrawal by using the form placed on the Provider's website (if available) via email or other valid contact. This provision is without prejudice to the right of each User to withdraw from the contract in other cases where the GTCs expressly provide for them.
2. Withdrawal of the User who is a consumer from the contract under paragraph 5.1. of this Article of these GBC, the contract is abolished from the outset. Provider is not required to continue providing.
DURATION AND EXCLUSION OF CONTRACT
1. The contract shall be concluded for an indefinite period, unless the parties have expressly agreed otherwise.
2. The contract expires:
  - the expiry of the period for which it was concluded if it was concluded for a fixed period,
  - by written agreement of the Contracting Parties,
  - withdrawal from the Treaty,
  - notice,
  - the termination of the Provider or the User without a legal successor.
3. The user may, except as provided in Art. 5 of these GTC, also to withdraw from the Contract in case of:
  - changes to the terms of the contract,
  - if the Provider does not provide the Services under the Contract and these GBTCs repeatedly even after the complaint, or it repeatedly provides it with significant defects; a material defect is considered to be a defect that prevents the use of the Service over a period longer than 30% in the relevant billing period;
  - if the Provider repeatedly (at least three times) does not remove the claimed defect of the Service at the specified time.
4. Provider may withdraw from the Contract if:
  - the identification or personal data provided by the User in the Contract or Order prove untrue; false information is not considered if the User fails to notify the Provider of the change of data;
  - The User has breached, even once, any of the obligations contained in these GBCs or any other terms applicable to the Service.
  - The User does not pay the Prize either within the additional period provided by the Provider for its payment,
  - User uses the Service in violation of generally binding laws or violates the rights of third parties.
5. Withdrawal from the Agreement shall be effective on the date of delivery of a written notice of withdrawal from the Agreement of one of the Contracting Parties to the other Contracting Party. This does not apply when the Provider withdraws from the Contract, where the written form is not required for the withdrawal and it is sufficient to notify the withdrawal in another demonstrable way (e-mail, fax, SMS).
6. Either party is entitled to terminate the Agreement, concluded for an indefinite period, for any reason or without giving any reason. The termination of the Agreement may be in writing or sent by e-mail and must always be delivered to the other party. The notice period is 1-month and begins to run on the first day of the calendar month following the proven delivery of the denunciation to the other party.
7. A fixed-term contract shall expire upon expiry of the period for which it has been concluded, unless the parties agree otherwise. A fixed-term contract can not be denied.
8. The contract shall also expire upon the written agreement of the Contracting Parties.
9. Fiction of delivery. Effective service of or termination of a Contract is also deemed to be a refusal to accept it by a Party to whom a document is addressed, as well as a failure to deliver a waiver or withdrawal from the Contract to the address of the Contracting Party mentioned in the title of the Contract or notified to the other Contracting Party, or not picking up your mail at the specified delivery times. The receipt of an e-mail message is deemed to include the receipt of a Return Receipt ("Receipt") or a 7-day period from the date of receipt of the delivery receipt of the message to the other party to its mailbox Receipt-delivered ").
SERVICE PRICE AND PAYMENT CONDITIONS
1. Prices for the Service provided are charged to the User in accordance with a valid Price List which is an integral part of the Agreement and may be published on the Provider's website. The Provider may, on the basis of pre-defined and published conditions, decide that a User who fulfills these conditions will provide part of the Services or all Services for a certain period of time at a reduced price or free of charge. No User is entitled to a free provision of the Services.
2. The Provider is entitled to change the amount of the Prize and the rules of its creation. The Provider is obliged to notify the User of any increase in the Price, either in writing, by e-mail or by posting on the Provider's website.
3. The Provider is entitled to issue to the User an invoice with the details of the tax document and a breakdown of each charged operation in advance for the agreed accounting period (one month, one year).
4. The invoice maturity is 14 calendar days from the date of its delivery to the User, unless otherwise agreed by the parties.
5. Contractual late payment interest for the payment of the Service, the Provider is entitled to charge the User 20% of the price of the Service for each commenced day of delay.
6. The user has the right to refund the proportion of the Price for the period of non-provision of the Service in the case of fault by the Provider, except for the necessary period of interruption of the provision of the Service in justified cases. The return of the relative portion of the Prize must be made by the User within three months from the date of the interruption. In the event that the Service fails to occur even though it is partially caused by the User, which is also negligent, the User is not entitled to the refund of any part of the Price.
APPLICATION OF LIABILITY FOR FAILURE OF THE SERVICE PROVIDED - ADVERTISING
1. The procedure for claiming the Services provided by the Provider is governed by the Provider's Complaints Procedure. The Complaint Procedure is published on the Provider's website and is located in a visible place at the Provider's premises.
2. If the User - the consumer is not satisfied with the manner in which the Provider has provided his claim or if he considers that the Provider breached his rights, he has the possibility to contact the Provider with a request for correction.
3. If the Provider answers or fails to respond to the request for remedy within 30 days from the date of its dispatch, the User - the consumer has the right to make a proposal for an alternative solution of his dispute, pursuant to § 12 of Act no. 391/2015 Coll. on alternative dispute resolution for consumer disputes.
4. The Competent Body for Alternative Settlement of Consumer Disputes with the Provider is the Slovak Trade Inspection or other authorized legal entity registered in the List of Alternative Dispute Resolution Bodies maintained by the Ministry of Economy of the Slovak Republic (the list is available at the Ministry's web site at http: //www.economy. gov.sk/obchod/chrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov ).
5. Where several entities are competent for an alternative dispute resolution, the User - the consumer has the right to choose which of those alternative dispute resolution entities to address. User - The consumer can use the on-line dispute resolution platform available on the website http://ec.europa.eu/consumers/odr/ to submit a proposal for an alternative dispute resolution .
GUARANTEE OF USER INFORMATION, PERSONAL DATA PROTECTION
1. The user who is a natural person, by signing the Agreement or by sending an Order confirms that personal data provided by him in the scope of his name, surname, address, e-mail address, telephone number, date of birth, nationality, visa, passport number, or other identification document, photo, account number, billing details (IČO, VAT number, VAT ID) are accurate and true. The processing of personal data is done on a legal basis: the processing of personal data is necessary for the fulfillment of the Contract to which the User is a party or for the implementation of a measure prior to the conclusion of the Contract at the request of the User, Article 6 (1) (b) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC (hereinafter referred to as GDPR). The purpose of the processing of personal data is the collection, storage and processing of personal data by the Provider and its use for billing purposes, accommodation purposes, purposes specified by applicable laws (provision of data to the general / city authorities, foreign police, etc.) and other actions related to the ordered and provided Service , including later communication with the User (complaint, withdrawal, etc.), as well as for the needs of the Provider's own marketing, for the purpose of offering the Services, sending product information, including by electronic means (e-mail, sms, telemarketing). The user bears full responsibility for damages caused by the inaccuracies or outdatedness of the provided personal data. The purpose of the processing of personal data is the collection, storage and processing of personal data by the Provider and its use for billing purposes, accommodation purposes, purposes specified by applicable laws (provision of data to the general / city authorities, foreign police, etc.) and other actions related to the ordered and provided Service , including later communication with the User (complaint, withdrawal, etc.), as well as for the needs of the Provider's own marketing, for the purpose of offering the Services, sending product information, including by electronic means (e-mail, sms, telemarketing). The user bears full responsibility for damages caused by the inaccuracies or outdatedness of the provided personal data. The purpose of the processing of personal data is the collection, storage and processing of personal data by the Provider and its use for billing purposes, accommodation purposes, purposes specified by applicable laws (provision of data to the general / city authorities, foreign police, etc.) and other actions related to the ordered and provided Service , including later communication with the User (complaint, withdrawal, etc.), as well as for the needs of the Provider's own marketing, for the purpose of offering the Services, sending product information, including by electronic means (e-mail, sms, telemarketing). The user bears full responsibility for damages caused by the inaccuracies or outdatedness of the provided personal data. (data provided to the general / city authorities, foreign police, etc.) and other acts related to the ordered and provided by the Service, including later communication with the User (complaint, withdrawal from the contract, etc.) as well as for the needs of its own marketing Provider, for the purpose of offering the Services, to send product information, including by electronic means (e-mail, sms, telemarketing). The user bears full responsibility for damages caused by the inaccuracies or outdatedness of the provided personal data. (data provided to the general / city authorities, foreign police, etc.) and other acts related to the ordered and provided by the Service, including later communication with the User (complaint, withdrawal from the contract, etc.) as well as for the needs of its own marketing Provider, for the purpose of offering the Services, to send product information, including by electronic means (e-mail, sms, telemarketing). The user bears full responsibility for damages caused by the inaccuracies or outdatedness of the provided personal data. for the purpose of offering the Services, sending product information, including by electronic means (e-mail, sms, telemarketing). The user bears full responsibility for damages caused by the inaccuracies or outdatedness of the provided personal data. for the purpose of offering the Services, sending product information, including by electronic means (e-mail, sms, telemarketing). The user bears full responsibility for damages caused by the inaccuracies or outdatedness of the provided personal data.
2. The Provider is authorized to process personal data related to the online provision of services in the form of cookies, IP addresses, pixels, and browsers. This information is used to improve intranet services, such as showing relevant ads, locating (for example mapping to operate), for statistical purposes, and so on. For statistical purposes, the Provider may use third-party services such as Google Analytics or other counters whose data is located on third-party servers, but they are not directly associated with the User unless it has been otherwise specified for a particular Service.
3. Provider is authorized to process personal data beyond the range specified in point 9.1. and 9.2 of these GTC and whose processing is incompatible with the legal basis mentioned in point 9.1. and 9.2 of these GBCs only on the basis of the prior consent given by the User voluntarily and for a predetermined purpose, scope and time. The user has the right to withdraw consent at any time in writing. Revocation of consent is effective on the date of its delivery to the Provider.
4. The Provider undertakes not to use and not to provide personal data beyond the scope necessary for the operation of the ordered Service and its operation. Personal data is not provided to any third party except to provide data to third parties, determined by applicable laws or products and services, which are expressly stated to the contrary. In such a case, however, the Provider is obliged to agree in a contractual relationship with a third party the protection of personal data in accordance with applicable laws, in particular the Personal Data Protection Act, and it is required in the Contract to inform the User that the provision of personal data to a third party is necessary for the performance of the Contract otherwise it is not possible to provide the Service. For these purposes, it is necessary for the Provider to obtain the consent from the User.
5. All personal data are protected under applicable laws, in particular the Personal Data Protection Act.
6. The Provider undertakes to take all necessary steps to ensure the highest level of security of the User's personal data, as well as to secure all User data, database and mail files prior to their loss, damage or destruction.
7. The Provider acts in relation to Customer's Customers in the Mediator's position, 28 GDPR. For this reason, the Contract between the Provider and the User is governed by the following:
  1. The Provider may not authorize the processing of personal data of another intermediary without the prior written consent of the User. In the case of written consent of the User, the Provider is obliged to impose on the other mediator in a contract or other legal obligation the same personal data protection obligations as set forth in this Agreement, where the Provider is liable to the User if the other intermediary fails to fulfill its obligations regarding the protection of personal data.
  2. The Provider undertakes to process personal data only for the purpose of providing the Services.
  3. The Provider processes personal data throughout the validity and effectiveness of the Agreement between him and the User.
  4. Provider processes personal data to the same extent as the User processes them.
  5. The affected persons are the users of the User.
  6. The provider is authorized to process with personal data only the processing operations necessary for the purpose of processing, in particular: collection, collection, storage and disposal.
  7. The Provider is obliged to process personal data only to the extent necessary to achieve the purpose of the processing and only in accordance with the terms of this GBT article or the User's written instructions, including in the case of the transfer of personal data to a third country or international organization. In the case of the transfer of personal data to a third country or to an international organization under a special regulation or an international treaty binding the Slovak Republic, the Provider is obliged to notify the User of such a request prior to the processing of personal data, if a special regulation or an international treaty The Slovak Republic is bound, it does not prohibit such communication on grounds of public interest.
  8. The Provider is obliged to protect the processed personal data prior to their damage, destruction, loss, alteration, unauthorized access and disclosure, provision or disclosure, as well as any other inaccessible processing.
  9. The Provider declares that it guarantees the security of the processed personal data while taking technical and organizational measures in order to ensure the protection of the rights and protection of personal data of the User's customers, in particular, against the accidental or unlawful destruction, loss, alteration or unauthorized provision of transmitted personal data, stored personal data or otherwise processed personal data or unauthorized access takes into account the nature, scope, context and purpose of the processing of personal data, risks that are likely to impair the security of the protection of personal data and their severity.
  10. The provider is obliged not to provide personal information to third parties, not to use personal data for other than the agreed purpose, not to abuse for their own benefit or the benefit of a third party and shall not dispose of personal information in contravention of this article GTC.
  11. The Provider and his staff are obliged to maintain the confidentiality of the personal data obtained from the User's customers. Personal data must not be used for personal use, may not be disclosed, provided or made available. This confidentiality is committed to preserve even after the expiry and effectiveness of the Treaty. The Provider is responsible for maintaining the confidentiality of his employees and other authorized persons as well as possible external collaborators.
  12. The Provider is obliged to ensure that the collected personal data is processed in a form that permits identification of the User's users only during the necessary time to achieve the purpose of the processing.
  13. The Provider undertakes to cooperate and provide the User with assistance in ensuring compliance with the User's obligations to respond to User's requests in the exercise of their rights under the provisions of Chapter III of the GDPR, including the User's notice of any written request for access received by the Provider in connection with the User's obligations under GDPR, of Act no. 18/2018 Z. z. on the Protection of Personal Data and on Amendments to Certain Acts (the "Personal Data Protection Act") and other related regulations.
  14. The Provider undertakes to cooperate and provide the User with co-operation to ensure compliance with the provisions of Art. 32 to 36 GDPR, namely:
    - ensure processing security;
    - notify the Data Protection Office and the persons concerned if necessary of any breach of personal data protection;
    - to carry out, where necessary, an impact assessment on the protection of personal data concerning the impact of processing on the protection of personal data;
    - consult with the Data Protection Office before performing any processing if the personal data protection impact assessment implies that such processing would lead to a high risk should the User not take measures to mitigate this risk.
  15. The Provider undertakes to provide the User with all the information necessary to demonstrate the fulfillment of the obligations stipulated in Art. 28 GDPR, and provide the User with a User-Audited or Audit-Assisted User Assurance Audit.
  16. The Provider is obliged to notify the User immediately if, in the Provider's opinion, any instruction given by the User violates the Personal Data Protection Act, a special regulation or an international treaty with which the Slovak Republic is bound, concerning the protection of personal data.
  17. The Provider undertakes to terminate the validity and effectiveness of the Agreement upon the User's decision to erase personal data or to return the personal data to the User and to delete existing copies containing personal data if a specific regulation or an international agreement to which the Slovak Republic is bound does not require the storage of such personal data .
8. Provider, in accordance with the provision of Art. 13 The GDPR notifies the User as the person concerned of the following information:
  1. Identification data of the Provider: RNDr. Daniela Sečkárová, A. Bernoláka 5343/40, nutrition number. register: 508-6803, district office of Ružomberok The provider can be contacted by e-mail address: ruzomberok@penzionandrej.sk or by phone at +421 905 821 852;
  2. Contact details of the responsible person: LIPTOV SK sro, 51, 067 73 Michajlov, e-mail: info@liptov.sk, tel .: +421 907 734 982
  3. The purpose and the legal basis for the processing of personal data are set out in point 9.1. of this Article;
  4. The list of personal data is given in point 9.1. of this Article;
  5. In special cases, if the Provider is required to provide personal data to a third party or to transfer personal data to a third country, the Provider will provide this information to the User.
  6. The Provider keeps personal data for the entire duration of the Service.
  7. The user has the right to request from the Provider access to personal data relating to the person concerned, the right to rectify personal data, the right to delete personal data or the right to limit personal data, the right to object to the processing of personal data, as well as the right to transfer personal data.
  8. When suspecting that his or her personal data is being misused, the user may file with the Office for Personal Data Protection of the Slovak Republic a motion to initiate the procedure for the protection of personal data pursuant to § 100 of the Personal Data Protection Act.
  9. Provide the personal data listed in point 9.1. Users are required to conclude the Agreement and provide the Service.
9. Information about the rights of the person concerned - User: The person providing the personal data (the person concerned - the user) has, 15 to 22 and Art. 34 GDPR the following rights:
  1. The right of access to personal data under Art. 15 GDPR: The person concerned has the right to obtain from the Provider a confirmation of the processing of personal data concerning him / her. The person concerned has the right to access these personal data and the information listed in point 9.7.
  2. The right to rectify personal data under Art. 16 GDPR: The person concerned has the right to have the Provider corrected incorrectly personal data relating to him without undue delay. With regard to the purpose of the processing of personal data, the person concerned is entitled to supplement incomplete personal data.
  3. The right to delete personal data under Art. 17 GDPR: The person concerned has the right to clear the Provider without undue delay of personal data concerning him / her if the person concerned has exercised the right of cancellation if:
    - personal data are no longer needed for the purpose for which they were acquired or otherwise processed,
    - the person concerned revokes the consent under which processing of personal data is carried out and there is no other legal basis for the processing of personal data,
    - the person concerned objects to the processing of personal data and does not prejudge any legitimate reasons for the processing of personal data or the person concerned objects to the processing of personal data for the purpose of direct marketing,
    - personal data is processed unlawfully,
    - is the reason for the deletion of the obligation under GDPR, the Personal Data Protection Act, a special regulation or an international treaty binding on the Slovak Republic,
    - personal data have been obtained in connection with the provision of information society services.
  4. The right to restrict the processing of personal data under Art. 18 GDPR: The person concerned has the right to limit the processing of personal data by the Provider if:
    - the person concerned objects to the accuracy of the personal data during a period allowing the Provider to verify the accuracy of the personal data,
    - the processing of personal data is unlawful and the person concerned objects to the deletion of personal data and requests instead the restriction of their use,
    - Provider no longer requires personal data for the purpose of processing personal data, but needs the person concerned to claim a legal claim,
    - the person concerned objects to the processing of personal data, until the verification of whether the legitimate reasons on the part of the Provider prevail over the legitimate reasons of the person concerned.
  5. The person concerned, whose processing of personal data is limited, shall be obliged to inform the Provider before the limitation of the processing of personal data is canceled.
  6. Based on Art. 19 GDPR, the Provider is obliged, if required by the person concerned, to inform the person concerned about the recipients to whom the Provider has notified the correction of personal data, the deletion of personal data or the limitation of the processing of personal data.
  7. The right to the portability of personal data, 20 GDPR: The person concerned has the right to obtain personal data relating to him and which he has provided to the Provider in a structured, commonly used and machine-readable format and has the right to transfer these personal data to another operator.
  8. The right to object to the processing of personal data pursuant to Art. 21 GDPR: The person concerned has the right to object to the processing of his personal data on account of his particular legal situation on the ground that the processing of personal data is necessary for the performance of a public interest task or because the processing is necessary for the purpose of the legitimate the interests of the Provider or a third party, including profiling based on these provisions. The Provider may not further process personal data unless it demonstrates the necessary legitimate interests for the processing of personal data that override the rights or interests of the person concerned or the grounds for claiming a legal claim. The person concerned has the right to object to the processing of personal data concerning him / her for the purpose of direct marketing, including profiling,
  9. Based on Art. 22 GDPR, the person concerned has the right not to be covered by a decision which is based solely on the automated processing of personal data, including profiling, and which has legal effects that affect him or have a similar effect on him.
  10. Based on Art. 34 The GDPR has the right for the Provider to notify the Provider without undue delay of a breach of personal data protection if such breach of personal data protection can lead to a high risk to the rights of a natural person.
10. Providing information to the person concerned
  1. The Provider is obliged to provide the person concerned with the information according to Art. 13 GDPR and notifications under Art. 15 to 22 and Art. 34 GDPR concerning the processing of its personal data. Information is required to be provided in paper or electronic form, generally in the same format as the application. If requested by the person concerned, the Provider may also provide the information orally if the person concerned proves his / her identity in another way. The Provider is in the exercise of the rights under Art. 15 to 22 GDPR is obliged to provide the person concerned with co-operation.
  2. The Provider is obliged to provide the person concerned with the information referred to in point 1 within one month of receipt of the request. The Provider may, in justified cases with a view to the complexity and the number of applications, extend this period by another two months, even repeatedly. The Provider is obliged to inform the affected person of any such extension within one month from the receipt of the application together with the reasons for the extension of the time limit.
  3. The Provider is provided free of charge in accordance with point 1.
  4. If the request of the person concerned is manifestly unfounded or inappropriate, in particular for its recurrent nature, the Provider may request an appropriate fee, taking into account the administrative costs of providing the information or a reasonable fee taking into account the administrative costs of the notification or a reasonable fee, on request.
11. Restrictions on the rights of the person concerned Restrictions on the rights of the person concerned in accordance with, 23 GDPR and § 30 of the Personal Data Protection Act The Provider informs the person concerned if the purpose of the restriction is not jeopardized.
12. All actions resulting from GDPR may be made by the User through the available online tools of a specific service or through any valid contact email provided on the Provider's website.
SELECTION OF RIGHTS, SOLUTION OF SPORTS
1. All rights and obligations of the parties under the concluded contract are governed by the legal order of the Slovak Republic, irrespective of the legal nature of the parties and their domicile.
2. Legal relations (rights and obligations) between the Provider and the User who are entrepreneurs and are acting within the scope of their business or other business activities, which are not regulated by these GBCs, are governed by the provisions of the relevant legislation, in particular the provisions of Act no. 513/1991 Coll. Commercial Code as amended and Act no. 22/2004 Coll. On electronic commerce and amending Act no. 128/2002 Coll., On state control of the internal market in consumer protection matters and on amendments and supplements to certain acts, as amended by Act no. 284/2002 Coll., As amended (hereinafter referred to as the "Electronic Commerce Act").
3. Legal relations (rights and obligations) between the Provider and the User who are consumers not covered by these GBCs shall be governed by the provisions of the relevant legislation, in particular the provisions of Act no. 40/1964 Coll. Civil Code as amended, Act no. 250/2007 Coll. on Consumer Protection on the Amendment of the Act of the Slovak National Council no. 372/1990 Coll. on offenses as amended, Act no. 102/2014 Z. z. on the protection of the consumer in the sale of goods or the provision of services on the basis of a distance contract or a contract concluded outside the premises of the seller and amending certain laws and of Act no. 22/2004 Coll. on electronic commerce, as amended.
4. The Contracting Parties have agreed that in the event of any dispute arising out of a contractual relationship entered into between one another and the legal relationships arising therefrom, each Contracting Party shall be entitled to claim its claims in the General Court in accordance with the relevant provisions of Act No . 160/2015 Z. z. Civil Procedure Code, as amended. This is without prejudice to the consumer's right to use an alternative consumer dispute settlement in accordance with Article 8 of these GBCs.
LIABILITY OF THE CONTRACTING PARTIES
1. Each party shall be liable only for actual damage to tangible property caused by the demonstrable fault of the other party to the Contract and the User is also liable for actual damage to the Tangible Assets of the Provider caused by a third party to which the User has caused such damage in accordance with the provisions of the Commercial Code and the Civil Code.
2. Any damage incurred by the Provider may be compensated for, or reduced by, the provision of the Service at a value equal to the amount of the damage.
3. Provider is not responsible for any loss or loss of profits arising from the interruption of the provision of the Services under the Contract, Order or GTC to the User or third parties.
4. The Contracting Party shall be obliged to compensate for the proven damage within 30 calendar days of its showing, by wire transfer to the account of the other Contracting Party, unless the parties otherwise agree.
5. The liability of the Provider for the content of the transmitted information is governed by Section 6 of the Electronic Commerce Act.
COMMUNICATION BETWEEN THE CONTRACTING PARTIES
1. Communication between the parties is primarily in electronic form via emails (orders, requests for changes, payment confirmation, activation information, forwarding invoices, etc.) or a telephone number.
2. Notices regarding the facts on which one of the parties will apply any legal claims shall be made in the manner provided for in these GBCs and shall be clearly communicated or delivered to the other Contracting Party. Ordinary informative announcements may also be communicated to the contracting party either orally or by telephone.
3. The Provider accepts no responsibility for interruption of the provision of the Service or other risks resulting from incorrect or outdated data (eg the impossibility of delivering a backup invoice to an incorrectly set contact email address or a non-existent email address). The contact email address of the user must be functional and regularly checked by the User.
4. The user is obligated to provide the correct variable payment symbol for payment. Otherwise, the Provider may not provide the service due to the impossibility to identify the payment.
COMMON PROVISIONS
1. The rights and obligations of the User and the Provider are governed by the Contract (Order), these GTC and the Price List.
2. The Agreement shall enter into force and effect on the date of its signature by both Contracting Parties unless otherwise specified in the Contract. The Order enters into force and becomes effective upon acceptance by the Provider and the payment of the prepayment invoice or invoice for the Service to the User. Paying is considered to be a payment to the Provider's account.
3. Severability. The invalidity of any provision of the Agreement or the GBC will not affect the validity of any other provision of the Agreement or the GBC, if such a provision is separable. The Contracting Parties undertake, if necessary, to replace the invalid provisions without undue delay by a provision which, by its content and purpose, is the closest to the purpose of the invalid provision.
4. Completeness of the Agreement. The Agreement constitutes a complete agreement between the two Parties within the meaning of the subject matter of the Agreement and supersedes all prior agreements, promises, notices, declarations or warranties, both in written and oral terms, concerning the same Service, unless otherwise agreed in writing by the parties.
5. Relationship of the Contract and the GBC. In the event that the contractual arrangements between the parties mentioned in the Contract (the Order) are contrary to the provisions of the GTC, the provisions of the Contract shall apply before the provisions of the GTC. If the User and the Provider conclude a written agreement, their rights and obligations shall be governed by the provisions of these GTC only to the extent not otherwise provided in the Contract.
6. The Supervisory Authority for Consumer Protection is the Slovak Trade Inspection, the SOI Inspectorate for the Bratislava Region, with its registered office at Prievozská 32, POBox 5, 820 07 Bratislava.
FINAL PROVISIONS
1. The contract and these GTC are drawn up and concluded in the Slovak language. In case they are also signed in foreign language, the Slovak version is decisive.
2. A natural person who signs a Contract on behalf of a legal entity such as a User is personally liable for all legal consequences and damage caused, unless the User has been authorized to act or if the Commercial Code, valid in the Slovak Republic, does not provide otherwise.
3. The General Terms and Conditions came into force on 23.05.2018.