General Terms and Conditions
(hereinafter referred to as "GTC")1. Introduction1.1. GTC
The company Levebee s.r.o., with its registered office at Na Pankráci 322/26, Nusle, 140 00 Prague 4, ID No.: 03362078, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 230690 (hereinafter referred to as the "Provider"), is the operator of the application called Včelka located on the Provider's website https://www.vcelka.cz/cs/ or available as software for users' end devices via Google Play or Apple Appstore (hereinafter referred to as the "Application") and the provider of related maintenance and support services for the Application (hereinafter referred to as the "Services").
These GTC regulate the legal relations established between the Consumer or Business (hereinafter referred to as "Customer") and the Provider by a contract under which the Provider grants the Customer and the users of the Application selected by the Customer (hereinafter referred to as "User") the right to use the Application and the Services (hereinafter referred to as "Contract"), all within the scope and under the terms and conditions specified in the Contract and the GTC. 1.2 Other Legal Provisions
The provisions in the Agreement shall prevail over the wording of the GTC.
Legal relations between the Provider and the Customer not expressly regulated by these GTC or the Contract shall be governed by the relevant provisions of the Civil Code, where applicable, the Copyright Act, as well as the GDPR, the Consumer Protection Act, the Personal Data Protection Act, the Act on Certain Information Society Services, the Value Added Tax Act and related legislation. 1.3 Definitions and Interpretation
The following terms have the following meanings in these GTC:
has the meaning set forth in Article 3.1;
has the meaning set forth in Article 4.1;
means Act No. 121/2000 Coll, Copyright Act, as amended;
means the price at which the User will be allowed to use the Application and the Services, which also includes the amount corresponding to the value added tax;
means text files that are stored on a computer or other electronic device in connection with the use of the Application and that enable the analysis of the use of the web interface;
means the Customer and other persons to whom the Customer has granted access to their Customer Account;
means Regulation (EU) No. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;
has the meaning set out in Article 4;
means a proposal to conclude a Contract with the Customer;
means Act No. 89/2012 Coll, Civil Code, as amended;
means a person who is not a Consumer, in particular those persons who, when concluding the Contract, if its subject matter is related to such person's own business, manufacturing or similar activity, and when otherwise dealing with the Provider, carry out, on their own account and responsibility, a gainful activity by way of trade or similar activity, with the intention to do so on a continuous basis, or persons who do so on behalf or on behalf of such person;
means Levebee s. r.o., with its registered office at Táborská 940/31, Prague, Postal Code 14000, ID No.: 03362078, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 230690;
means a day that does not fall on a Saturday or Sunday and is neither a state-recognized holiday nor another state-recognized day off work in the Czech Republic;
has the meaning set forth in Art. 6.4. ;
means maintenance and support services directly related to the operation of the Application;
has the meaning set forth in Article 1.1. ;
means, depending on the context, the person of the Provider or the Customer;
means a natural person who, in concluding and performing the Contract and in other dealings with the Provider, acts outside the scope of his/her business or outside the scope of his/her independent exercise of his/her profession;
has the meaning given in Art. 3.3. a);
means these General Terms and Conditions;
means an invitation by the Interested Party to the Provider to make an individual offer;
means a Consumer or Business interested in concluding the Contract;
means a person who has concluded with the Provider in accordance with Art. 2.2. of the Agreement;
means an account created by the Customer within the Application, used to use the Application and the Services;
"Value Added Tax Act"
means Act No. 235/2004 Coll,
"Act on Certain Information Services"
means Act No. 480/2008 Coll., on Certain Information Society Services and on Amendments to Certain Acts, as amended;
"Act on Personal Data Protection"
means Act No. 101/2000 Coll, on the protection of personal data, as amended;
"Act on Consumer Protection"
means Act No. 634/1992 Coll., on Consumer Protection, as amended;
"Act on Accounting"
means Act No. 563/1991 Coll, Accounting Act, as amended.
Depending on the context, the definitions contained above, as well as any other terms in the singular, include the plural, and the masculine includes the feminine, and vice versa, and shall apply mutatis mutandis to the singular and plural of the defined terms.2. Contract2.1. Subject matter of the Contract
By entering into the Contract, the Provider undertakes to grant the Users the authorization to use the Application and the Services to the extent and under the terms and conditions set out in the Contract, in particular in Articles 3 and 4 of the GTC, and the Customer undertakes to pay the Provider the Price for granting such authorization, unless the Contract provides that the use of the Application and the Services is agreed to be free of charge.
The Customer also undertakes to procure compliance with the Contract by other Users. The Customer shall be liable for any breach of its obligations under the Contract by such persons as if it had breached the relevant obligations itself. Similarly, in the event that the User takes a certain action through the Customer Account, the Customer shall be bound by such action from the point of view of the Agreement.
The Customer further undertakes to obtain and, upon request, provide the Provider with the consent of other Users, or their legal representatives, in the event that such consent is required for a certain use of the Application or for other performance of this Agreement, unless such consent is granted directly by such persons to the Provider. 2.2. Conclusion of the Agreement
a) by registration to the Application
The Agreement is concluded by registration of the Customer in the registration interface of the Application.
The Customer registers by filling in the basic registration data, which are the Customer's first name, last name, email address and the password chosen by the Customer. The email address and password are later used to access the Application by the Customer and other Users.
By registering, the Customer confirms that he/she has read the contents of these GTC, understood them in full, and expressly agrees to all rights and obligations arising from them. The Consumer declares that he/she has read and understood the information provided to him/her in Article 7 of these GTC.
By registering, the Customer also consents to the processing of personal data and to the sending of information and marketing communications to the email address provided by him/her, all within the scope and under the conditions set out in Article 8 of these GTC.
By concluding the Contract, the Customer requests the Provider to start the performance of its obligations under the Contract immediately after its conclusion, i.e. before the expiry of the withdrawal period under Article 2.4 of these GTC.
After proper registration, the Customer is entitled to create a reader account in the Application for himself or other Users. The use of the Application by the User only on the basis of registration is free of charge.
b) on the basis of an individual offer
The Customer is entitled to invite the Provider to make an individual offer to conclude the Contract (hereinafter referred to as the "Invitation"). The Invitation may be made by telephone, email or in writing via the Provider's contact details located in the Application under the "Contact" tab, or other contact details of the Provider which the Provider shall provide to the Applicant for the purpose of sending the Invitation.
The Invitation must contain, in particular, the identification and contact details of the Applicant, at least a general specification of the Applicant's requirements and, where applicable, such other information as the Applicant or the Provider may deem appropriate or necessary for the preparation of the Individual Offer. In the event that some of these data are not included in the Invitation, the Provider is entitled to ask for their completion.
The Provider, after receiving the Invitation or its completion, shall send the Applicant to the address specified in the Invitation an individual offer, usually in the form of a tax document (hereinafter referred to as the "Offer") containing in particular the specification of the subject of the Contract, its Price, and a reference to these GTC. However, the Provider is not obliged to respond to the Invitation. The Provider hereby excludes in advance the possibility of accepting the Offer with changes.
The Provider is prepared to allow pedagogical-psychological counselling centres or similar organisations, as well as libraries in the Czech Republic, to use the Application temporarily within the scope of their activities free of charge, without limitations and future obligations, except for the obligation to tolerate the publication of their reference data in the Application. In order to reflect this fact in the Offer, it must be evident from the Invitation that the Applicant is one of the listed entities, e.g. by sending the Invitation to the address listed in the Application under the "For libraries" tab, or by filling in the form located in the Application under the "Pedagogical and psychological counselling centres" section.
The Agreement is concluded at the moment when the Applicant pays the relevant tax document or otherwise starts acting in a manner that makes the acceptance of the Offer evident. 2.3. Change of the Agreement
The Registered Customer is entitled to change the Agreement so that instead of being entitled to use the free variant of the Application and the Service pursuant to Article 3.3(a) of the GTC, the Users or some of them will be entitled to use any of the paid variants of the Application and the Service referred to in Article 3.3(a) of the GTC. 3.3. under letter b) of the GTC, or an extension of the right to use any of these variants of the Application. The said changes shall take effect in relation to specific Users at the expiry of the period referred to in Article 3.3(a) or (b) of the GTC for which the respective User's authorisation to use the previous version of the Application lasted, but not earlier than the date of payment of the Price.
The Customer shall make the change by selecting the desired variant and duration of the possibility to use the Application and Services in the Settings/License tab for the specific User, and shall make payment of the Price.
Any other changes to the Contract shall be individually agreed between the parties and confirmed in the manner specified for concluding the Contract on the basis of an individual offer, in particular if the Contract has also been concluded in this manner.
However, the Provider is not entitled to change the Contract in this way for a reason which it must have foreseen at the conclusion of the Contract or due to a change in the Provider's personal or financial circumstances.2.4 Duration and termination of the Contract
The Contract is concluded for a definite term, from the date of its conclusion by any of the methods specified in Article 2.2 above until the time of cancellation of the Customer's account. This is without prejudice to the Parties' right to withdraw from the Contract in accordance with the relevant provisions of the Civil Code.
The Consumer is entitled to withdraw from the Contract within fourteen days from the date of its conclusion.
When withdrawing from the Contract in accordance with the procedure set out in the preceding paragraph, the withdrawal form located in the Application under the Settings/Support tab or attached to the Offer may also be used. The Provider shall confirm to the Consumer, at the Consumer's electronic address provided by the Consumer in the registration pursuant to Article 2.2(a) or the Invitation pursuant to Article 2.2(b), the receipt of the Consumer's withdrawal without undue delay after its delivery to the Provider.
If the Consumer exercises the right to withdraw from the Contract pursuant to the preceding paragraphs, the specified withdrawal period shall be deemed to be maintained if the Consumer sends a notice to the Provider during the withdrawal period that he/she withdraws from the Contract. 3. Specification of the application and services offered3. 1. Specification and functioning of the App
The App functions as a so-called individual reading coach and is primarily used to improve reading levels, helping with reading difficulties, including dyslexia. The app thus helps improve the efficiency and quality of Users' reading.
The app is developed in collaboration with special educators and combines their expertise with the scalability and other benefits of a computer application. Teaching and practicing reading in the Application relies on decades of proven and used methods to teach this skill, as well as new forms of teaching that allow the use of an interactive online environment, all according to the needs of specific Users.
After filling in the necessary data, the User has the opportunity to go through a reading skills diagnosis, based on which he is automatically offered a list of exercises for his individual needs. The results of the exercises, combined with a subjective rating of their difficulty, are used to tailor the individual exercises or the entire list of exercises to the User's current skills.
However, due to each person's individual physiological and psychological disposition, the Provider does not guarantee that each User is able to achieve the stated improvements in their reading skills. The stated improvement values are realistic estimates based on 1) the past performance of the Users of the Application, 2) the theoretical sources of professional authors and the experience of experts involved in the development of the Application, and 3) the assumption that each User is genuinely interested in improving his/her reading skills, especially the quality of his/her reading, and that for this purpose he/she will follow indiscriminately and fully all recommendations and instructions he/she receives within the Application and otherwise delivered materials. 3.2 Use of the Application and Provision of Services
The Application is made available to Users via the public Internet. For smooth functioning of the Application, the Provider recommends Microsoft Windows, Linux or Apple MacOS environment with Google Chrome or Mozila Firefox internet browser in the latest available version, or for tablet versions of the Application, Android operating systems in versions 5 and later or iOS in versions 11 and later.
The Provider undertakes to secure the Application servers on the Provider's side within the scope of the Services provided by the Provider using standard server protection offered by the current server operator (at least the use of strong passwords and Firewall) and guarantees that the absence of such protection will not result in
3.3 Variants of the Application and Services
- information leakage caused by the use of the Application;
- to misuse, damage, loss of information or documents used by Users within the Application, including information about the User's progress through the tutorial;
- to leaks of information about individual Users;
After proper registration, the Customer is entitled to designate the persons of Users with a reader account. These persons have the possibility to use the Application and Services in the following manner, unless otherwise specified in the individual variants of the Application and Services or in the description of these variants located in the Application.
a) Free Preview
By concluding the Agreement, the Customer always obtains the right to use a free variant of the Application, the so-called Free Preview (hereinafter referred to as the "Free Preview"). Under the Free Preview, each User for whom the Customer creates a reader account in the Application is entitled to use all available tutorials and exercises included in the Application in their entirety free of charge for a period of seven (7) days from the date of conclusion of the Agreement. In this way, Users will be given the opportunity to familiarize themselves with the functioning of the Application free of charge for a specified period of time. The Services are also provided as part of the Free Demo, but without a guaranteed response time.
However, given the free nature of the Free Demo, the Provider reserves the right to limit or terminate the Free Demo at any time.
b) Paid versions of the Application
The Customer may choose a different version of the Provider's Application and Services for a particular User, the description of which is located in the Application, and change the existing Agreement by paying the Price for any of them.
The description of these variants always includes the scope and manner of possible use of the Application and Services by the User (otherwise to the same extent and manner as the Free Demo) the duration of the possibility to use the Application and Services (usually 1 month, 6 months, or 1 year) within this scope, and the indication of the Price. To the extent that a description of the individual variants of the Application and Services is not provided in the Application, these GTC shall govern.
In these variants, persons using the Application for the specified period of time shall always have the option to also use the Services with a guaranteed response time, i.e. the time between the registration of a support request and the notification of the proposed solution.3.4. Restriction of the possibility to use the Application and Services
The Provider is entitled to interrupt the operation of the Provider's server or other devices that affect the features of the Application or Services agreed in the Contract, especially their functionality, for a period of time strictly necessary, in case of the need to perform maintenance or modifications of these devices, as well as in case of excessive operation of the Application (e.g.
In the event of unavailability of the Application or Services to Users, or non-functionality of some of their parts due to reasons on the Provider's side, which the Provider is objectively able to prevent and can be fairly required to do so, the Customer is entitled to exercise the rights from defective performance as specified in Article 6 of the GTC. For these purposes, the Application shall be deemed unavailable to the Users only from the moment when the Customer notifies the Provider of such unavailability.
An example of such a reason is maintenance of the Application or interruption of the Provider's server or other devices for a period longer than strictly necessary, updating of the Application or other action requiring its temporary unavailability. The reasons for unavailability of the Application on the Provider's side, on the other hand, do not include, in particular, factors beyond the Provider's control, the result of third party software or hardware, planned service downtime, or other temporary or permanent unforeseeable and insurmountable obstacles independent of the Provider's will.
The Provider shall notify the Customer of a planned service outage of which it becomes aware and which results in the unavailability of the Application for more than 8 hours at least 3 days in advance. The Provider shall inform the Customer of other reasons for the suspension of performance and the reason for it without undue delay after becoming aware of them.
Users are not entitled to use the Application or Services in a manner that could cause damage to the Provider or other persons, violate the rights of such persons, or restrict the use of the Application and Services by other persons, or in other ways for which the Application is not obviously intended (e.g.
If the Provider has reason to believe that any of the Users is using the Application or the Services in an unauthorized manner, violating the terms of the License (see Article 4), or otherwise violating the Agreement, the Provider may, upon prior notice to the Customer sent to the electronic address provided during registration, restrict the License or, in the extreme case, withdraw from the Agreement, including by cancelling the created Customer Account.
In necessary cases worthy of special consideration, if the Provider finds that any of the Users is in material breach of the terms of the Agreement or uses the Application in violation of the law, it is entitled to withdraw from the Agreement without prior notice or take other appropriate steps to remedy the situation. 4. Licence4.1. Grant of Licence
The Customer acknowledges that the Application and certain Services or parts thereof are protected as copyrightable works by the Copyright Act and other laws and international agreements relating to the protection of intellectual property. The Provider is the executor of the property rights to these copyright works or parts thereof on the basis of the Provider's contractual relations with the authors.
By concluding the Agreement, the Provider grants the Users a license to use the Application, the Services or those parts thereof that fulfil the characteristics of a copyright work (hereinafter referred to as the "Copyright Work" and the "License"), all within the scope and under the conditions specified in the Application's user interface, the Agreement and these GTC (in particular Art. 4.2. Scope of the License
Users are entitled to use the Author's Work in the form made available to them to the extent and for such uses as are necessary to achieve the purpose of the Agreement. The License is agreed as non-exclusive, territorially unlimited and for the duration of the Agreement, but no longer than the duration of the authors' proprietary rights.
Unless the Contract states otherwise, Users are not entitled to reproduce, distribute, rent, lease, lend, make available to other persons, or otherwise exceed the quantitative or other scope of its possible use agreed in the Contract without the written consent of the Provider. Without such consent, they are also not entitled to exercise the authors' personal rights, in particular to make any changes or other intervention in the Author's Work, to combine it with another work or to include it in a collective work, to take authorship of the Author's Work, to modify or change the authors' designations, the title of the Author's Work, to use the Author's Work in a way that reduces its value for the Provider. If there is any doubt as to the manner of possible use of the Author's Work, the Customer is obliged to request the Provider's instructions and until the Provider receives a reply, the authorization to use the Author's Work shall apply rather to a lesser extent.4.3. Other Terms and Conditions of the Licence
The Provider shall also provide the Customer with all documents and information necessary for the exercise of the Licence. Customer is not authorized to perform any recompilation, transformation, reverse analysis, or other reverse engineering operations of the Copyright Work. 5. Payment Terms5.1. Price
The price of each variant of the Application is specified in the Application interface. Users can use the paid variants of the Application and Services only at the moment of payment of the Price through the electronic payment gateway located in the Application interface, unless the Provider agrees otherwise with the Customer.
After payment, the Provider shall issue a tax document to the Customer, which shall be made available to the Customer in an electronic version directly in the Application.
The Price does not include the costs of the Users required to connect to the Internet. These costs are to be borne by the Users themselves.5.2. Recurring payments
In case of using the recurring payment option, the regular monthly subscription, the payment for the Bee will be charged once a month.
The payment card data will be securely stored only on the side of GoPay - our payment service provider. Payment card data is handled by GoPay according to the international security standard PCI-DSS Level 1 (the highest level of data security in the financial sector).
Consent to data storage and recurring payment can be cancelled at any time. 6. Complaints Policy6.1 Provider's Liability for Defects
The Provider shall be liable to the Customer for the fact that the Application has the characteristics specified in the Contract and are provided to the Customer under the agreed conditions.
If the Applications or Services within the meaning of Article 3.4 of the GTC are unavailable due to reasons on the Provider's side which the Provider is objectively able to prevent and can be fairly required to do so, if they do not correspond to the description given in the interface of the Application, in the Contract or in these GTC or if they are not made available to the Customer within the agreed time, the Customer shall have rights from defective performance. 6.2 Limitation of Provider's liability for defects
The Provider shall not be liable for any defects in the Application or Services or parts thereof, nor for damages (including loss of data, unauthorized intrusion into the Customer's account, loss of data and information about the learning process), if the defects were also caused
a) as a result of improper use by the User (e.g. a.) due to the use of inappropriate content (e.g. due to unprofessional intervention in the delivery of system and software equipment and environment, or the creation, uploading or attachment of inappropriate content, etc.). );
b) incompatibility or problematic functionality of the Application, Services, or parts thereof with computer programs and hardware that are not listed as compatible with the Application in the Agreement or in the Application, or that are not recommended by the Provider in the locations indicated;
c) improper use of the Application, Services or non-functional internet connection on the part of the User;
d) insufficient account security on the part of the User, infecting the local network of such persons or their computers with computer viruses (spyware, malware, etc.
e) communication of incorrect or ambiguous data to the User;
f) improper functioning of the User's technical equipment, operating system or network, or third-party programs that run simultaneously with the Application or affect its proper operation;
g) force majeure, e.g. Gg. g. state of war, changes in legal regulations, as a result of which the performance of the Agreement becomes significantly more difficult for the Provider, natural disasters, or other extraordinary unforeseeable and insurmountable obstacles arising independently of the Provider's will.
The Provider is also not liable for obvious defects that were not pointed out by the Customer at the latest when the Application, Service or parts thereof were made available, or if they appeared later, then without undue delay after the Customer had the opportunity to discover the defects, within the meaning of § 1921 of the Civil Code. In such a case, the Provider shall object to the late discovery of the defect and the court may not subsequently grant the Customer the right of defective performance.6.3. Rights from defective performance
The Consumer has the following rights under the defective performance, depending on whether the defect is remediable or not. If the defect is curable, the Consumer shall have the right, at his/her option, to (i) have the defect repaired and the right to use the relevant version of the Application extended to those Users who have been restricted in their use of the Application as a result of the defect for the duration of the defect, or (ii) a reasonable discount from the Price. If the defect cannot be remedied and the Application cannot be properly used because of the defect, the Consumer may either (i) withdraw from the Agreement or (ii) demand a reasonable discount from the Price. 6.4. Exercise of the Right of Defective Performance
The Customer shall notify the Provider of any defects without undue delay after it could have discovered them with timely inspection and reasonable diligence.
The Customer shall notify the defects in the Application and exercise the elected right of defective performance arising under Article 6.3.
by written notification, or in any other way that allows the Provider to identify the Customer without doubt, in particular by telephone, email or in writing to the correspondence address, or through other contact details of the Provider located in the Application in the "Contacts" tab (hereinafter referred to as "Complaint").
In the Complaint, the Customer shall identify the defect found or describe exactly how the defect manifests itself. The date of filing a Complaint shall be the date on which the Complaint containing a description of the defect or its manifestations, so that the notified defect can be examined, is delivered to the Provider.
The Provider shall issue the Customer with a confirmation in an appropriate manner (with regard to the form of the Complaint) containing information on when the Customer made his/her claim, what is the content of the Complaint, and the method of handling the Complaint requested by the Customer, and subsequently also a confirmation of the date and method of handling the Complaint, including confirmation of the repair and its duration, or a written justification of the rejection of the Complaint.
The Provider shall decide on the Complaint without undue delay, in complex cases no later than three working days from the date of its submission. This time limit does not include the reasonable time required for a professional assessment of the defect.
The Claim, including the removal of the defect, must be settled without undue delay, no later than 30 days from the date of the Claim, unless the Provider and the Customer agree on a longer period. Expiration of this period in vain shall be considered a material breach of the Contract.7. Information for Consumers
In addition, through this article of the GTC, the Provider fulfils its information obligation towards the Consumer arising from the provisions of § 1811, § 1820 and § 1826 of the Civil Code and also the Consumer Protection Act.
The Provider's identity and address, including the address for delivery of electronic mail, are specified in Article 1.1 of these GTC, as well as in the Application. The description of the performance provided is set out in Article 3 of the GTC and in the Application or in the Offer, including any other specifications, such as the manner of performance of the Contract by the Provider, or information about the functionality of the digital content and its technical protection measures.
The price, method of payment and any costs or fees associated with the subject of performance are specified in Article 5 of the GTC. Details of the rights arising from defective performance and the conditions for exercising them are contained in Article 6 of the GTC. Details of the duration of the Contract and the possibilities of its termination are specified in Article 2. 4 of the GTC, including the Consumer's instruction on his/her right to withdraw from the Contract, all conditions, deadlines and procedures for exercising this right, in particular the possibility of using the withdrawal form located in the Application in the Settings/Support tab or attached to the Offer.
The Contract is usually concluded using remote means of communication. The costs of using remote means of communication in connection with the Contract shall be borne by the Consumer. The Contract may also be concluded in a translation into other languages or in other languages, however, the Czech version of the Contract will always be attached and in case of any doubt about the content of the Contract, the Czech version of the Contract will prevail. The details of the Contract including these GTC are stored in the Application and can be accessed by the Consumer through the registration.
The Consumer is entitled to contact the supervisory authority, which is the Czech Trade Inspection Authority, with any complaint about the Provider's actions that are not in accordance with the Consumer Protection Act.
If a dispute arises between the Provider and the Consumer in connection with the Contract, the Consumer is entitled to turn to the Czech Trade Inspection, based at Štěpánská 15, Prague 2, internet address www.coi.cz and https://adr.coi.cz/cs, as the subject of out-of-court settlement of consumer disputes. All details on the possibility of out-of-court dispute resolution are provided on the website of the Czech Trade Inspection.8. Processing of personal data 8.1. Consent to the processing of personal data
For the purposes of Article 8, only natural persons are considered to be Customers or Users, as the GDPR and the Personal Data Protection Act do not apply to the personal data of legal entities.
By ticking the relevant box during registration, the Customer has consented to the processing of personal data by the Provider, to the extent and for the purpose set out in Article 8.2(b) of this Article, and also to the use of the Customer's electronic contact details by the Provider and its authorised persons for this purpose. At the same time, the Customer declares that the data provided by him/her is true, accurate and complete, and is provided voluntarily, and that he/she is aware of his/her rights as set out in Article 8.5 of the GTC.
The Customer acknowledges that without the processing of personal data for the purpose of concluding and performing the Contract pursuant to Article 8.2 (a), scientific research pursuant to (c) and the performance of the Provider's legal obligations pursuant to (d) below, the Contract cannot be concluded, however, the consent to the processing for marketing and commercial purposes pursuant to Article 8.2 (b) of the GTC is not required. 8.2. letter b) below, the Provider is entitled not to provide or to withdraw such consent at any time, without affecting the possibility of concluding or performing the Contract.
The Customer who has given consent to the Provider pursuant to the preceding paragraph is entitled to withdraw such consent at any time, even partially, in any form which makes it apparent to the Provider that it is the Customer or another person who is authorised to do so on behalf of the Customer. 8.2. Purpose and scope of processing of personal data
The Provider processes personal data of Users in accordance with the Personal Data Protection Act, the Act on Certain Information Society Services and the GDPR, for the purposes of
a) negotiating the conclusion of the Contract and exercising the rights and obligations under the Contract;
b) marketing and other business communications, in particular for informing the Customer about other products and services of the Provider and third parties;
c) scientific research for the purpose of improving and developing the Application and the quality of the Services, in particular with the help of the so-called "cookies".
d) performance of the Provider's legal obligations;
and for the purposes set out in a) and b) above to the extent that:
for the purpose set out in (c) above, also to the extent:
- the name and surname, if any, of the Customer;
- the Customer's email address;
- IP addresses of the Customer;
- other personal data related to the use of the Application, which the Provider obtains from the Customer, in particular the output of individual Users in the context of the use of the Application, teaching procedures and audio recordings of the reading of words and sentences by individual Users, or data on operations taking place on devices used by Users on the basis of the Agreement, or Cookies to the extent of the protection chosen by the User when using the Application;
and for the purpose referred to in point d) above to the extent
8.3. Method of processing personal data
- data provided by the relevant legislation applicable to the Provider, in particular to the extent of the Accounting Act, according to which the Provider is obliged to process all accounting documents and accounting records.
The Provider processes personal data pursuant to this Article both by automated means within the Provider's information systems and manually, all in a manner that ensures appropriate security of personal data, including its protection. To this end, the Provider shall use in particular the following technical and organizational measures to protect personal data against unauthorized or unlawful processing and against accidental loss, destruction or damage:
- Password-secured online storage with restricted access
- Two-factor security to protect database access
- Encryption of all storage and database outputs and backups
- Storage of all documents and backup digital repositories in the Provider's locked premises
Manual processing shall be performed by the Provider's employees or a third party processor selected by the Provider, whose identity shall be notified to the Customer by the Provider. All persons who come into contact with personal data pursuant to this Article are bound by the obligation of confidentiality.8.4. Period of processing of personal data
a) above for the duration of the rights and obligations under the Contract, as a rule until the Customer's account is cancelled, for the purpose referred to in point b) above for ten (10) years from the date of provision of the personal data or until the Customer withdraws consent to their processing, for the purpose referred to in point b) above for a period of ten (10) years from the date of provision of the personal data or until the Customer withdraws consent to their processing, for the purpose referred to in point c) above for a period of ten (10) years from the date of provision of the personal data. (c) above for the duration of such scientific research, and for the purpose referred to in (d) above for the period required by the relevant legislation (according to the Accounting Act, the obligation to keep accounting records and accounting documents for a period of 5 years).8.5. Rights of persons whose personal data are processed by the Provider
The Provider shall provide the persons whose personal data are processed by the Provider with information on the measures taken upon their request in accordance with the following points, without undue delay and in any case within one month from the date of receipt of the request.
This period may be extended by a further two months if necessary and in view of the complexity and number of requests. The provider shall inform the person making the request of any such extension within one month of receipt of the request, together with the reasons for the postponement.
If the request has been made in electronic form, the information shall also be provided in electronic form. If the applicant so requests, the information may be provided orally, provided that the identity of the applicant is proved by other means. All requests, objections, etc. may be made through the Application.
If the Provider does not take the action requested, it shall inform the applicant without delay and within one month of receipt of the request of the reasons for not taking the action and of the possibility of lodging a complaint with a supervisory authority and seeking judicial protection.
All communications and all actions of the Provider under this article of the GTC shall be made free of charge. However, if the requests are manifestly unfounded or unreasonable because they are repetitive, the Provider shall be entitled to either
- impose a reasonable fee taking into account the administrative costs associated with providing the requested information or communication or taking the action requested,
- or refuse to comply with the request.
If the Provider has reasonable doubt as to the identity of the applicant, it may request the provision of additional information necessary to confirm the applicant's identity. a) Right of access to personal data
Persons whose personal data are processed by the Provider have the right to obtain confirmation from the Provider as to whether or not the personal data concerning them are processed and, if they are processed, have the right to obtain access to such personal data and to information about the following:
- the purposes of the processing;
- categories of personal data concerned;
- recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- the intended period for which the personal data will be stored or, if this cannot be determined, the criteria used to determine that period;
- the existence of the right to request the controller to rectify or erase personal data relating to the data subject or to restrict or object to the processing of such data;
- the right to lodge a complaint with a supervisory authority;
- all available information about the source of the personal data, unless obtained from the data subject;
- whether automated decision-making, including profiling, as referred to in Article 22(1) and (4) of the GDPR takes place and, at least in those cases, meaningful information concerning the procedure used as well as the significance and foreseeable consequences of such processing for those persons;
- where personal data are transferred to a third country or an international organisation, those persons have the right to be informed of the appropriate safeguards under Article 46 of the GDPR that apply to the transfer.
The provider shall provide a copy of the personal data processed. The Provider may charge a reasonable fee based on administrative costs for additional copies at the request of the relevant person. If the applicant makes a request in electronic form, the information shall be provided in the electronic form normally used, unless the applicant requests otherwise. The right to obtain this copy shall not adversely affect the rights and freedoms of other persons.b) Right to rectification
Persons whose personal data are processed by the Provider have the right to have inaccurate personal data concerning them rectified by the Provider without undue delay. Taking into account the purposes of the processing, such persons have the right to have incomplete personal data completed, including by providing an additional declaration.c) Right to erasure
Persons whose personal data are processed by the Provider have the right to have the Provider erase the personal data concerning them without undue delay, and the Provider is obliged to erase the personal data without undue delay if one of the following reasons applies:
- the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
- the consent on the basis of which the data were processed is withdrawn and there is no further legal basis for the processing;
- there is an objection to processing under (g)(i) below and there are no overriding legitimate grounds for processing, or there is an objection under (g)(ii) below;
- the personal data have been unlawfully processed;
- the personal data must be erased to comply with a legal obligation under European Union or Member State law to which the Provider is subject;
- the personal data have been collected in connection with the offer of information society services pursuant to Article 8(1) of the GDPR;
If the Provider has disclosed personal data and is obliged to erase it pursuant to the preceding paragraph, it shall take reasonable steps, taking into account the technology available and the costs of implementation, including technical measures, to inform other controllers processing such personal data that the data subject has requested them to erase any references to, copies of, or replications of such personal data.
The above paragraphs shall not apply where the processing is necessary:
d) Right to restriction of processing
- for the exercise of the right to freedom of expression and information;
- for the performance of a legal obligation requiring processing under European Union or Member State law to which the Provider is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Provider;
- for archiving purposes in the public interest, for scientific or historical research purposes or for statistical purposes in accordance with Article 89(1) of the GDPR, where the right to erasure would be likely to prevent or seriously jeopardise the achievement of the purposes of that processing;
- for the establishment, exercise or defence of legal claims.
Persons whose personal data are processed by the Provider have the right to have the Provider restrict processing in any of the following cases
- those persons deny the accuracy of the personal data, for the time necessary for the Provider to verify the accuracy of the personal data;
- the processing is unlawful and the persons concerned refuse the erasure of the personal data and request instead that their use be restricted;
- The Provider no longer needs the personal data for the purposes of the processing, but the persons concerned require them for the establishment, exercise or defence of legal claims;
- the processing is objected to pursuant to point (g)(i) below, pending verification that the legitimate grounds of the Provider outweigh those of the data subject;
If the processing has been restricted pursuant to the preceding paragraph, such personal data may, with the exception of their storage, be processed only with the consent of those persons or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State. The person who has obtained a restriction of processing pursuant to the preceding paragraph shall be notified in advance by the Provider that the restriction of processing will be lifted. e) Provider's notification obligation regarding rectification, erasure and restriction of processing
The Provider shall notify the individual recipients to whom the personal data have been disclosed of any rectification or erasure of personal data or restriction of processing made in accordance with the preceding Article 8.5 of the GTC, except where this proves impossible or requires disproportionate effort. The Provider shall inform the persons whose personal data is concerned of such recipients if they so request. f) Right to data portability
Persons whose personal data are processed by the Provider have the right to obtain the personal data concerning them which they have provided to the Provider, in a structured, commonly used and machine-readable format, and the right to transmit such data to another controller without hindrance from the Provider, provided that, and to the extent that, the processing is carried out by automated means.
In exercising their right to data portability pursuant to the preceding paragraph, the persons concerned shall have the right to have the personal data transmitted directly by the Provider to the other controller, if technically feasible.
The exercise of the right referred to in this Article shall be without prejudice to the right to erasure pursuant to point (c) above. This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Provider.
The exercise of the right referred to in this Article shall at the same time not adversely affect the rights and freedoms of other persons. g) Right to object to processing
Persons whose personal data are processed by the Provider have the right to object at any time to the processing of personal data concerning them
h) Automated individual decision-making, including profiling
- on grounds relating to their particular situation in relation to the data referred to in Article 8.2, point iii. GTC processed for the purposes of scientific research for the purpose of improving the Application and the quality of the Services on the basis of the Provider's legitimate interest in improving the Application (in such a case, the Provider shall not further process such personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests or rights and freedoms of the persons concerned);
- and are processed for the purposes of direct marketing, which includes profiling, insofar as it relates to such direct marketing (in which case the personal data will no longer be processed for such purposes).
Persons whose personal data are processed by the Provider have the right not to be subject to any decision based solely on automated processing, including profiling, which has legal effects concerning them or significantly affects them in a similar way. This does not apply if the decision is:
- necessary for the conclusion or performance of the Contract;
- authorised by a law of the European Union or of a Member State to which the Provider is subject and which also provides for appropriate measures to ensure the protection of the rights and freedoms and legitimate interests of the persons concerned; or
- is based on the express consent of the data subject.
In the cases referred to in points (i) and (iii), the Provider shall implement appropriate measures to protect the rights and freedoms and legitimate interests of the persons concerned, at least the right to human intervention by the Provider, the right to express his or her point of view and the right to contest the decision. (i) Notification of personal data breaches
If a particular personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the Provider shall notify the breach without undue delay to the persons whose personal data is affected and shall describe the nature of the personal data breach in clear and plain language in the notification.
In the notification, the Provider shall include at least the following information: the name and contact details of the Data Protection Officer or other point of contact who can provide further information; a description of the likely consequences of the personal data breach; a description of the measures that the Provider has taken or proposed to take to address the personal data breach, including, where appropriate, measures to mitigate possible adverse effects.
Notification is not required if any of the following conditions are met:
8.6 Additional information
- The provider has put in place appropriate technical and organisational safeguards and those safeguards have been applied to the personal data affected by the personal data breach, in particular those that render the data incomprehensible to anyone not authorised to have access to it, such as encryption;
- The provider has taken follow-up measures to ensure that the high risk to the rights and freedoms of the individuals whose personal data are concerned is no longer likely to occur;
- it would require disproportionate effort. In such a case, the persons concerned must be informed in an equally effective manner by means of a public notice or similar measure.
The legal basis for the processing of personal data for the purpose referred to in Article 8.2 a) of the GTC is the necessity of such data for the performance of the rights and obligations under the Contract. The legal basis for the processing of personal data for the purpose referred to in Article 8.2. b) of the GTC is the consent of the natural persons to whom the relevant personal data relate. The legal basis for the processing of personal data for the purpose referred to in Article 8.2. c) of the GTC is the Provider's legitimate interest in the development of the Application and improvement of the Services. The legal basis for the processing of personal data for the purpose referred to in Article 8.2. d) of the GTC is the necessity to comply with the legal obligations applicable to the Provider.
The Provider processes personal data only for its internal needs and is not entitled to provide, transfer or disclose such data to third parties or handle it to a greater extent than is necessary for the purposes without the Customer's consent, except where disclosure of such information is required by law or by the competent authorities pursuant to legal regulations.
Except for the necessary transfer of the following personal data to the following persons listed in the published list in the Application under the GDPR tab.
Without prejudice to any other means of administrative or judicial protection, any person whose personal data is processed by the Provider has the right to lodge a complaint with a supervisory authority, which for the Czech Republic is the Office for Personal Data Protection, if he/she believes that the processing of his/her personal data is in breach of the law.9. Validity and Effectiveness, Applicable Law
These GTC come into force and become effective on 25.5.2018.
Legal relations under the Agreement are governed by Czech law. However, as a result of this choice, the Consumer is not deprived of the protection afforded by the provisions of the law which cannot be derogated from contractually and which would apply in the absence of a choice of law.
English translation of the terms is provided for your convenience. In case of conflicts of interpretation the Czech version