Terms and Privacy

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General Business Terms and Conditions

(hereinafter referred to as the „GBTC“)

  1. Introduction
    • GBTC

The Company Levebee s.r.o., with its registered office at Táborská 940/31, Prague, Postal Code: 14000, Company ID: 03362078, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 230690 (hereinafter referred to as the „Provider“), is a provider of an application called Levebee, located on the Website of the Provider www.levebee.com or accessible as a software for end users devices via Google Play or Apple Appstore (hereinafter referred to as the „Application“) and the related maintenance and support services Application (hereinafter referred to as the „Services“).

The following GBTC regulate the legal relationships established between the Consumer or the Businessman (hereinafter referred to as the „Customer“) and the Provider by agreement by which the Provider provides to the Customer and to the users selected by the Customer (hereinafter referred to as the „User“) authorisation to use the Application and Services (hereinafter referred to as the „Agreement“), all within the scope and under the conditions specified in the Agreement and this GBTC.

  • Other legal regulation

Contradicting provisions in the Agreement shall precede the GBTC.

Legal relationships between the Provider and the Customer not expressly covered by the GBTC or the Agreement shall be governed by the respective provisions of the Civil Code, potentially also the Copyright Act, as well as the GDPR, the Personal Data Protection Act, the Law on Some Information Society Services, the Value Added Tax Act and related legal regulations.

  • Definitions and Interpretations

The terms stated below shall have the following meaning in the GBTC:

"Accountancy Act"

means Act No. 563/1991 Sb., on Accountancy, as amended;

"Agreement"

shall have the meaning defined in art. 1.1.;

"Application"

shall have the meaning defined in art. 3.1.;

"Business day"

means a day other than Saturday or Sunday
or bank holiday or other recognized
as
non-labour day in the Czech Republic

"Businessman"

means a person who is not a Consumer, in particular those whose, when concluding the Agreement, subject is related to their own business, production or similar activities, and on other negotiations with the Provider, carry on their own account and responsibility or in a similar manner, or a person doing so in the name or on behalf of such person;

"Call"

means the call by the Interested person directed to the Provider to make an individual offer;

"Civil Code"

means Act No. 89/2012 Coll., Civil Code, as amended;

"Complaint"

shall have the meaning defined in art. 6.4.;

"Consumer Act"

means Act No. 634/1992 Coll., on Protection of the Consumer, as amended;

"Consumer"

means a natural person who, when concluding and fulfilling the Contract and otherwise negotiating with the Provider, acts outside his business or beyond the independent exercise of his profession;

"Contracting party"

means the Provider or the Customer, depending on the context;

"Cookies"

means text files that are stored on a computer or other electronic device in connection with the use og the Application, and which allow analysis of how the web interface is used;

"Copyright Act"

means Act No. 121/2000 Coll., the Copyright Act, as amended;

"Copyright work"

shall have the meaning defined in art. 4.1.;

"Customer"

means the person who concluded the Agreement with the Provider according to art. 2.2.;

"Customer´s account"

means the account created by the Customer within the Application, serving to use the Application and Services;

"Free demo version"

shall have the meaning defined in art. 3.3. let. a);

"GBTC"

means these General Business Terms and Conditions;

"GDPR"

means REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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;

"Interested person"

means the Consumer or the Businessman who are interested in conclusion of the Agreement;

"Law on some Information Society Services"

means Act No. 480/2008 Coll., on Certain Information Society Services and Amendments to Certain Acts, as amended;

"License"

shall have the meaning defined in art. 2.1.;

"Offer"

means an agreement proposal with the Interested person;

"Personal Data Protection Act"

means Act No. 101/2000 Coll., on the Protection of Personal Data, as amended;

"Price"

means the price for which the User will be provided to use the Application and Services, and includes also the amount corresponding to the value added tax;

"Provider"

means the company Levebee s.r.o., with its registered office at Táborská 940/31, Prague, Postal Code: 14000, Company ID: 03362078, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 230690;

"Services"

means maintenance and support services directly related to the operation of the Application;

"User"

means the Customer and other persons to whom the Customer has granted access to their Customer Account.

Depending on the context, the definitions stated above, as well as any other terms in the singular shall include also the plural and the masculine shall include also feminine and vice versa, and shall be used similarly for the singular and plural terms of the defined terms.

  1. smlouva
    • Subject of the Agreement

By conclusion of the Agreement the Provider undertakes to grant Users the authorisation to use the Application and Services within the scope and under conditions set out in the Agreement, as well as in the art. 3 and 4 GBTC, and the Customer undertakes to pay fixed price to the Provider for granting this authorisation unless it is set in the Agreement that use of Application and services is free of charge.

The Customer also undertakes to ensure other Users comply with the Agreement. The Customer himself is responsible for any breach of obligations by Users set out in the Agreement. Similarly, the Customer himself, from the point of view of the Agreement, is bound by any other deal made by User through the Customer Account.

In case that it is necessary for using the Application or any other performance of the Agreement, the Customer undertakes to obtain the consent of any other User or his legal representative and to provide proof of this consent to the Provider if requested, unless the User give consent directly to the Provider.

  • Conclusion of the Agreement
    1. registration to the Application

The Agreement is concluded in a moment of registration of the Customer in the Application registration interface.

The Customer registers himself by filling in the basic registration data which are the first name, surname, e-mail address and the password selected by the Customer. E-mail address and the password serve for the later access to the Application by the Customer or other Users.

By registering, the Customer confirms that he has acquainted himself with the content of this GBTC, he fully understands it and expressly agrees with all the rights and obligations arising therefrom. The Consumer declares that he has acquainted himself with the information in the art. 7 of this GBTC that are intended exclusively for him.

By registering, the Customer also provides his consent with processing his personal data and gives the Provider the right to send him information and marketing notifications to the e-mail address provided by the Customer, all within the scope and under conditions specified in the art. 8 of these GBTC.

By concluding the Agreement, the Consumer asks the Provider to fulfil his obligations resulting from the Agreement immediately after conclusion of the Agreement, that means before the expiration of the withdrawal period pursuant to art. 2.4 of these GBTC.

After proper registration, the Customer is authorised to create readers account for himself or other Users in the Application. Use of the Application based only on registration is free of charge.

  1. based on an individual offer

An interested person is authorised to call on the Provider to make an individual offer for the conclusion of the Agreement (hereinafter referred to as the “Call”). It is possible to make the Call by phone, e-mail or in writing through the Provider´s contact information located in the Application on the “Contact” tab or other Provider´s contact that the Provider provides to the Interested person to make the Call.

The call must include, particularly, the identification and contact details of the Interested person and at least the general specification of his demand or eventually other information that the Interested person or the Provider considers appropriate or necessary for the preparation of the individual offer. In case that some of these information is not included in the Call, the Provider is entitled to request their completion.

After the Call, or its completion, the Provider shall send to the Interested person the individual offer, usually in the form of a tax document (hereinafter referred to as the “Offer”) including at least the specification of the subject of the Agreement, the Price and link to this GBTC. Nevertheless, the Provider is not obliged to respond the Call. The Provider excludes the possibility to accept the Offer with modifications.

Educational and psychological counselling or other similar organisation, as well as libraries on the territory of the Czech Republic, the Provider is ready to provide temporary use of the Application in the exercise of their activities free of charge, with o limitation or any future obligation, except for the obligation to stand publication of their reference data in the Application. To take this into account in the Offer, it must be obvious from the Call that the Interested person is one of the above mentioned subjects, e.g. by sending the Call to the address located in the Application on the “For libraries” tab, or by completing the form located in the Application on the “Educational and psychological counselling” section.

The Agreement is concluded in the very moment when Customer pays the relevant tax document or starts to act otherwise in a way that the acceptance of the Offer is obvious.

  • Change of the Agreement

The registered Customer is authorised to change the Agreement in such way that, instead of the authorisation to use the free of charge option of the Application and Services pursuant to art. 3.3. letter a) of these GBTC, will Users or some of them be granted to use some of the paid variations of the Application and Services listed in art. 3.3. under letter b) GBTC, or the extension of the authorisation to use any of these variations of the Application. The changes enter into force in relation to specific Users at the moment specified in art. 3.3. letter a) or b) of the GBTC, for which the User has been authorised to use the previous version of the Application but not earlier than the date of payment of the Price.

The Customer chooses the required variation and the duration of using the Application and Services in the Setting/Licence tab for specific User and pays the Price.

Any other changes of the Agreement must be individually negotiated between the parties and confirmed in the way specified for the conclusion of the Agreement based on an individual offer, especially if the Contract was also concluded in this way.

The Provider reserves the right to change the terms of using the Application and the provision of the Services in a reasonable extent, especially the extent of the possible use of the Application and Services, and the Customer will always be informed about this change via the e-mail address he stated in the registration to the Application. New terms come into force and take effect within 30 days since their publication in the Application interface and sending the change information to the Customer, if the Customer does not refuse the changes within that time limit by cancelling his registration or any other way notify to the Provider that he refuses the changes and so rejects the Agreement.

The provider is not authorised to change the Agreement for the reason he had to expect in time of concluding the Agreement or for the reason of his personal or financial circumstances.

  • Duration and termination of the Agreement

The Agreement is concluded for a fixed period from the date of conclusion in one of the ways mentioned in art. 2.2. above, until the cancelation of the Customer account. This is without the prejudice to the right of the Parties to withdraw from the Agreement in accordance with the relevant provisions of the Civil code.

The Consumer has the right to withdraw the Agreement in the term of fourteen days from the conclusion of the Agreement.

In case that the Consumer withdraws from the Agreement in accordance with the previous article, he can also use the withdrawal form located in the Application on the [WILL BE COMPLETED] tab or attached to the Offer. The Provider shall acknowledge the Consumer the acceptance of the withdrawal of the Consumer without undue delay upon delivery to the Provider at Consumer´s e-mail address stated by Consumer during the registration pursuant to art. 4.2. letter a) or the Call under the art. 2.2 letter b)

If the Consumer uses his right to withdraw from the Agreement in accordance with the preceding articles, the stipulated withdrawal period shall be deemed to be preserved if the Consumer sends the Provider the withdrawal notice, in the course thereof.

In case of withdrawal from the Agreement the Provider shall return the money to the Customer, resp. the paid price the Provider received from him under the Agreement, in the same way as the Provider accepted the money from the Customer. The amount of money will be reduced by the range corresponding with performance of the Agreement

  1. Specification of the application and the offerd services
    • Specification and the functioning of the Application

The application works as so called individual reading coach and serves mainly to improve reading skills, helps with reading disorders conditions, including dyslexia. The Application helps Users to improve the effectivity and the quality of reading .

The Application is being developed in collaboration with the special pedagogues and combines their expertise with the scalability and other benefits of the computer application. The education and reading practice in the Application is based on decades of proven and used methods to teach the skills, as well as the new forms of education enable the use of interactive online environment, all in accordance to the needs of specific Users.

After completing the necessary information, every User has the opportunity to pass through diagnostics of his reading skills, as a result, the Application automatically offers him the list of exercises for his individual needs. The results of the exercises in combination with the subjective evaluation of their difficulty are used to adapt the individual exercises or the entire list of exercises according to the current skills of the User.

However, with all respect to the individual physiological and psychological dispositions of each person, the Provider does not guarantee that each User is able to achieve these mentioned improvements in his reading. The listed values of the improvements are realistic estimates based on 1) the past results of the Users of the Application, 2) the theoretical sources of the professional authors and the experience of the experts involved in the development of the Application and 3) the assumption that each User has a real interest in improving his reader skills, quality of reading and that for these purposes he will follow the recommendations, the lessons received and other materials received in the Application, without distinction.

  • Use of the Application and offered Services

The Application is accessible to Users through the public internet. For trouble-free operation, the Provider recommends Microsoft Windows, Linux or Apple MacOS with the Google Chrome browser or Mozilla Firefox in the latest versions available, or for the Android OS versions of the tablet version of the Application…. or iOS versions ….

The Provider undertakes to provide security of the offered Services and to secure the server of the Application on the side of the Provider by the Firewall and he ensures that due to the absence of the Firewall, there will be no

  • leakage of information caused by the use of the Application;
  • misuse, damage, loss of information or documents used by the User within the Application, including information about the User´s learning process;
  • leakage of information about individual Users.
    • Variations of the Application and the Services

After the proper registration the Customer is authorised to identify the Users with the reading account. Those persons are authorised to use the Application and Services in the following way unless something different is mentioned in the variation of the Application and Services, or in description of these variations placed in the Application.

  1. Free demo version
    • By concluding the Agreement the Customer is always entitled to use the free version of the Application, called Free demo version (hereinafter referred to as “Free demo version”). In the Free demo version, each User that the Customer creates the reader´s account to, is entitled to use all available learning materials and exercises included in the Application free of charge in the period of seven (7) days from the date of the conclusion of the Agreement. In this way the Customers are given the opportunity to get to know the functioning of the Application for free. Free services are also provided, but with no guarantee to the response time.
    • With respect to free of charge, the Provider reserves the right to restrict or terminate the Free demo version at any time.
  2. Paid variations of the Application
    • The Customer can choose different variation of the Application and Services for each User. Description of the variations is placed in the Application and by paying the Price for any of them the Customer can change the existing Agreement.

Description of the variations always includes the range and the way of possible use of the Application and Services by the User (otherwise in the range and the way similar to the Free demo version), the duration of the opportunity to use the Application and Services (usually 1 month, 6 months, or 1 year) to this extent, and the Price. The extent that the description of the variations of the Applications and Services in the Application is not listed, it follows these GBTC.

People using the Application within those variations has for the duration also the opportunity to use the Services with the guaranteed respond time, i.e the time between filing of the request for support and the announcement of the proposal.

  • Restriction of the Application and Services

The Provider is entitled to interrupt the operation of the server or other Provider´s facilities that effect the properties of the Application or Services agreed in the Agreement, especially their functionality for the necessary time, in the event of need for maintenance or modification of those devices, as well as in case that the operation of an Application excessively limits the server on which it is located (such as excessive traffic).

In case of unavailability of the Application or Services to the Users, or non-functioning of some of their parts from the reason on the Provider´s side, which the Provider is objectively able to prevent and can be rightly remanded by the Customer, the Customer is entitled to claim the rights of defective performance as stated in art. 6 GBTC. For these purposes the Application is considered inaccessible to Users only from the moment the Customer notifies the Provider such unavailability.

Such reasons is, for example, maintenance of the Application, or interruption of the operation of the server or other Provider´s equipment for longer than necessary, updating of the Application or other act requiring its temporary disabling. The reasons for unavailability The Application on the Provider´s side, on the other hand, are not the factors beyond the Provider´s possible control, the outcome of third-party software or hardware, the planned service outage, or other temporary or insurmountable barriers independent of the Provider´s will.

The Provider announce to the Customer the planned service outage that he becomes aware of and the consequence of which is the unavailability of the Application longer than 8 hours, at least 3 days in advance. Other reasons for suspension of the performance and its reason the Provider shall inform the Customer without undue delay after finding out.

The Users and other persons are not allowed to use the Application and Services the way it could cause damage to the Provider or other persons, violate the rights of these persons or could restrict the possibility to use the Application and Services by other persons, or any other way that the Application is not intended to (such as sending, processing or forwarding spam or advertising mail).

If the Provider has justified right to believe that one of the Users uses the Application or Services in an unauthorized way, violates the conditions of the Licence (see art. 4) or otherwise violate the Agreement, he may, upon prior notification to the Customer, sent to the electronic address given during the registration, restrict the License or, in extreme case, withdraw from the Agreement even the way he cancels the created Customer account.

In cases of special consideration, if the Provider finds that any of the Users violates the terms of the Agreement in a substantial way or uses the Application in contravention of the law, he is entitled to withdraw from the Agreement without prior notice or may take other appropriate remedies.

  1. LICENSE
    • Granting a license

The Customer acknowledges that the Application and certain Services or parts thereof are protected as a copyright work by the Copyright Act and other laws and international agreements concerning the protection of intellectual property. The provider is the property rights executor to these author´s works or their parts on bases of contractual relations between the Provider and the authors.

By concluding the Agreement the Providers grants the Users the license to use the Application, Services or those parts that fill the characters of the author´s work (hereinafter referred to as “Author´s work” and “License”), all within the scope and under conditions specified in the users interface of the Application, the Agreement and this GBTC (especially in art. 3.).

  • Scope of License

The Users are authorised to use the Author´s work in the form made available to them in such extent and to such uses as is necessary to achieve the purpose of the Agreement. The License is negotiated as non-exclusive, territorially unlimited and for the duration of the Agreement, but not longer than the duration of the copyrights of the authors. 

Unless otherwise provided in the Agreement, Users are not entitled to copy, distribute, rent, lease, make available to others, or otherwise exceed the amount or other extent of its possible use agreed in the Agreement, without written agreement of the Provider. Without this consent they are also not authorised to exercise the author´s personal rights, in particular to any changes or other interference with the Author´s work, to ling to another work or to include in a collective work, to authorise the author´´ s work, to modify or change the designation of authors, the title of the Author´s work, to use the Author´s work in a manner that reduces its value to the Provider. If any doubt as to the use of the Author´s work, the Customer is required to request the Provider´s instruction, until the Customer receive the Provider´s instruction he is entitled to use the Author´s work in to a certain extent, receive the authorisation to use the Author´s work rather to a lesser extent.

  • Other License terms

The Users are not required to use the License and are not entitled to assign the License to the third party in a whole or in parts, or to provide the rights in form of a sublicense.

The provider also provides to the Customer all the materials and documents necessary to perform the License. The Customer is not entitled to perform any recompilation, transformation, reverse analysis, or other reverse engineering operations of the Author´s work.

  1. Payment Terms
    • The Price

The Price of each variation of the Application is mentioned in the Application. The use of paid variations of the Application and Services is allowed to Users when the payment is made through the electronic payment gateway located in the Application, unless the Provider agrees otherwise with the Customer.

After the payment is made, the Provider shall issue to the customer a tax document and makes it available to him in the electronic version directly in the Application.

The Price does not include the Users costs that are necessary to connect to the Internet. Users are required to bear these costs themselves.

  1. RULES FOR COMPLAITS/COMPLAINTS PROCEDURE
    • The Provider´s liability for Defects

The Provider is liable towards the Customer for the fact that the Application has the qualities specified in the Agreement and are provided to the Customer under concluded terms.

If the Application or Services within the meaning of art. 3.4. GBTC are inaccessible for the reasons on the Provider´s part to which he is objectively able to avoid and can be fairly demanded to it, if the Application or services does not correspond to the description stated in the Application, the Agreement or this GBTC or they are not available to the Customer in agreed date, the Customer has the rights from defective performance.

  • Limitation of Provider´s liability for Defects

The Providers is not responsible for any defects of the Application, Services or their parts, as well as for the damage (including the loss of data, unauthorised intrusion into the Customer´s account, loss of data and information about the teaching process), if the defects were also caused due to

  1. inappropriate use by the User (e.g. unauthorised interference with the delivery of system and software and environment, or the creation, uploading or attachment of an inappropriate content, etc.);
  2. incompatibility or malfunction of the Application, Services or their parts with computer programs and hardware not listed as compatible with the Application in the Agreement or in the Application, or which the Provider has not recommended in those locations;
  3. incorrect use of the Application, Services or non-functional internet connection on the Users side;
  4. inadequate security of the account by the User, attack the local network of such persons or their computers by computer viruses (spyware, malware, etc.), hacker attacks or other similar external attacks;
  5. communicating incorrect or unambiguous data by the User;
  6. improper function of the User´s technical equipment, operating system or network or third-party programs that run simultaneously with the Application or have an effect on this proper performance;
  7. force majeure, e.g. by a state of war, changes of legal regulations, by which the performance of the Agreements become more difficult for the Provider, natural disasters or other extraordinary unforeseeable and insurmountable obstacles created independently on the Provider´s will.

The Provider is not liable for obvious defects that the Customer has not claimed at the latest when the Application, Services or any part of thereof has become available, or if the defects that has become evident later, then without undue delay after noticing them in accordance with section 1921 of the Civil code. The Provider in such a case shall raise the objection of the late defect notification and the court consequently cannot recognise the Customer´s right from defective performance.

Right from Defective Performance

In case of defective performance, the Customer has the right for repairing the defect and extension of authorisation to use the relevant version of the Application to those Users who have been restricted due to this defect in the use of the Application for the duration of the defect.

The Consumer mas the following rights prom defective performance, depending on whether or not the defect is repairable. If the defect is repairable, the Consumer has the right to (i) reparation of the defect and extension of authorisation to use the relevant version of the Application to those Users who have been restricted due to this defect in the use of the Application for the duration of the defect, or (ii) a reasonable reduction of the Price. If the defect is irreparable and it is not possible to use the Application properly, the Consumer has the right to (i) withdraw from the Agreement, or (ii) a reasonable reduction of the Price.

  • Assertion of the right from Defective Performance

The Customer is obliged to notify any defects to the Provider without undue delay after being able to ascertain the defect by the early inspection and with sufficient care.

The Customer shall notify defects of the Application and assert chosen right from the defective performance arising under the art. 6.3. in the written notification or in any other way which enable the Provider to identify the Customer without any doubt, in particular by telephone, e-mail or in writing to the correspondence address or through other Provider´s contact details located in the Application on the “Contact” tab (hereinafter referred to as “Complaint”).

In the Complaint, the Customer marks the identified defect or accurately describes how the defect is manifested. The day of asserting the right from defective performance is the date on which the Complaint, containing a description of defects or their manifestation in such way so that the reported defect can be reviewed by the Provider, was delivered to the Provider.

The Provider shall issue to the Customer in adequate way (taking into account the form of the Complaint) a confirmation containing information when the Customer claimed his rights, what the content of the Complaint is and which way of resolving the Complaint the Customer requires, and also the date and the way of processing the Complaint, including the confirmation about the reparation and the duration of it, or written justification for the refusal of the Complaint.

The Provider resolves the Complaint without undue delay, in complex cases within three Business days as of the day of the Complaint. This term does not include reasonable time necessary for expert examination of the defect.

The Complaint, including reparation of the defect, must be resolved without undue delay and within 30 days of the day of making the Complaint, if longer period is not agreed between the Provider and the Customer. If the Complaint is not resolved within this period it is considered as a fundamental breach of the Agreement.

  1. INFORMATION FOR THE CONSUMER

Among other things, in this article the Provider fulfils his obligation to provide information tu the Consumer pursuant to the art. 1811, 1820 and 1826 of the Civil Code and the Consumer protection Act.

The identity and the address of the Provider, including the address for delivery of e-mail, are specified in the art. 1.1. of this GBTC as well as in the Application. The description of the performance is given in the art. 3 of the GBTC and in the Application or in the Offer, including any other specifications, such as the way of fulfilling the Agreement by the Provider or information about the functioning of the digital content and its technical protection measures.

The Price, the way of payment and potential costs or fees connected to the subject of performance are specified in the art. 5 of the GBTC. Information about the rights from the defective performance and conditions of their assertion are listed in the art. 6 of the GBTC. Information about the duration of the Agreement and possibilities of its refusal are listed in the art. 2.4 of the GBTC, including the information for the Consumer account his right to withdraw from the Contract, any other conditions, durations and processes for the assertion of the right, especially about the possibility to use the form for withdrawal from the Agreement placed in the Application in [TO BE FILLED] tab or attached to the Offer.

The Agreement is usually concluded by using the means of communication at a distance. The costs for using the means of communication at a distance in accordance to the Agreement pays the Consumer himself. The Agreement can be concluded also in a translation to other languages, or in other languages, however the Czech version of the Agreement will always be attached and in case of any doubt about the content of the Agreement the Czech version is decisive. The information about the Agreement together with this GBTC are saved in the Application and the Consumer has the access to them after the registration.

The Consumer is entitled to contact the supervisor authority, that is the Czech Business Inspection, with any complain for the process of the Provider that is not in accordance with the Consumer Protection Act.

In case of a dispute aroused between the Provider and the Consumer in connection with the Agreement, the Consumer is entitled to contact the Czech Business Inspection, Štěpánská 15, Praha 2, www.coi.cz a https://adr.coi.cz/cs, as a subject of alternative dispute resolution. All details about the possibility of the alternative dispute resolution are mentioned on the website of the Czech Business Inspection.

  1. Personal data processing
    • Consent with the personal data processing

For purposes of the art. 8, only natural person is considered to be the Customer, resp. the User because the GDPR or the Law on Protection of Persona Data does not apply to legal entities.

By checking the box during registration, the Customer has granted his consent with the personal data processing by the Provider, in the extent and for the purposes specified in art. 8.2. letter b) below and also the consent that the Provider and authorised persons by the Provider are entitled to use details about the electronic contact of the Customer for this purposes. The Customer also declares that the given information is real, accurate and complete and given voluntarily, and so the Customer is fully aware of his rights listed in art. 8.5. of the GBTC.

The Customer takes into account that without processing of the personal data for the purposes of the concluding and fulfilling the Agreement due to art. 8.2. letter a), scientific research due to letter c) and fulfilling legal duties of the Provider due to letter d) bellow, it is not possible to conclude the Agreement, however the Customer is entitled to refuse to grant his consent with the personal data processing for the purposes of marketing and other business related communication due to art. 8.2. letter b) bellow with no adverse effect on concluding or fulfilling the Agreement.

The Customer who has granted his consent due the precedent article, is anytime entitled to take this consent back, as well as in parts, in any possible form which it is obvious to the Provider that it is the Customer or any other person authorised to do so for the Customer.

  • Purpose and Extent of Personal Data Processing

The Provider processes the personal data of the Users in accordance with the Personal Data Protection Act, the Act on specified services of information society and GDPR for the purposes of:

  1. negotiation on the conclusion of the Agreement and the performance of rights and obligations arising from the Agreement;
  2. marketing and other business related communication, especially to inform the Customer about other products and services of the Provider and third parties;
  3. scientific research for the purpose of improving he Application and the quality of the Services, particularly for the purposes of development of so called machine learning, so the ability of the Application to automatically recognize the quality of readings based on the outputs of the individual Users in the context of using the Application, their learning process and the audio recordings of words and sentences read by individual Users;
  4. fulfilling legal duties of the Provider;

and for the purposes listed under the letter a) and b) above, in the extent of:

  1. first name and surname, or business name of the Customer;
  2. e-mail address of the Customer;

for the purpose listed under the letter c) above, in the extent of:

  • other personal data connected with using the Application that the Provider gets from the Customer, especially outputs of individual Users within the use of the Application, learning process and the audio recordings of reading words and phrases by individual Users, or information about the operation taking place on the devices used by the User under the Agreement or possibly the Cookies in the extent of the protection chosen by the Users when using the Application;

and for purpose listed under the letter d) above, in the extent of

  1. the data stipulated by the relevant legislation applicable to the Provider, particularly in the extent of the Accountancy Act, according to which the Provider is obliged to process all accounting documents and accounting records.
  • Means for personal data processing

The Provider processes personal data pursuant to this article both through automatic means in information system of the Provider and manually, all in a way that ensures the proper security of personal data, including their protection, namely:

For this purpose the Provider uses especially following technical and organizational measures to protect personal data from unauthorised or unlawful processing and from accidental loss, destruction or damage:

The manual processing is carried out by the Provider´s employees or the third party chosen by the Provider, whose identity the Provider informs the Customer. All persons who come into contact with personal data under this article are bound by the obligation to maintain secrecy.

  • The period for which the personal data will be stored

Personal data is processed by the Provider for the purpose specified in letter a) above for the duration of the rights and obligations of the Agreement, usually until the Customer account is cancelled, for the purpose referred to in (b) or the period of ten (10) years from the date of provision of personal data, or from the day of removal Customer´s consent with the personal data processing, for the purpose specified in letter c) above for the duration of the scientific research and for the purpose specified in letter d) for the duration stipulated by the relevant legislation (according to the Accountancy Act it is an obligation to keep accounting records and accounting documents for 5 years).

  • Rights of the persons whose personal data are processed by the Provider

Upon a request of persons whose personal date are processed, the Provider shall provide them with information according to the articles bellow about the taken measures, without undue delay and in any case within one month from the date of receipt of the request.

If necessary considering the complexity of the request and the amount of requests, this deadline may be extended by another two months. The Provider shall inform the person who made the request about such extension within one month since receiving he request together with the reasons for such deferment.

If the request has been made in electronic form, the information will be provided also in electronic form. If the claimant asks for it, the information can be provided orally, if the identity of the claimant is proved some other way. All requests, complaints and so on, can be made through the Application. 

If the Provider does not take the requested action, he shall immediately, or within one month of the receipt of the request, inform the claimant about the reasons for not taking action and about the possibility to file a complaint at the supervisor authority and to request legal protection.

All communication and all acts of the Provider under this article of GBTC are free of charge. However, if the requests are manifestly unreasonable or inappropriate because they are repeated, the Provider is entitled either:

  1. to impose a reasonable fee, taking into account the administrative costs associated with the provision of the required information or communication or with the action taken;

or:

  1. refuse to comply with the request.

If the Provider has reasonable doubts about the identity of the claimant, he is entitled to ask him to provide him additional information necessary to prove his identity.

  1. Right of access to personal data

Persons whose personal data are processed by the Provider, have the right to obtain a confirmation as to whether or not personal data concerning him are or are not processed and if so, they have the right to get access to the personal data and the following information:

  1. the purpose of the processing;
  2. the categories of personal data concerned;
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
  1. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  2. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  3. the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source;
  • the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject;
  1. where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer

The Provider shall provide a copy of the personal data undergoing processing. For any further copies requested by the person concerned, the Provider may charge a reasonable fee based on administrative costs. Where the person concerned makes the request by electronic means, and unless otherwise requested by the person concerned, the information shall be provided in a commonly used electronic form. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

  1. Right to rectification

Persons whose personal data are processed by the Provider, have the right to obtain from the Provider without undue delay the rectification of inaccurate personal data concerning him. Taking into account the purposes of the processing, the person concerned shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

  1. c) Right to erasure

Persons whose personal data are processed by the Provider, have the right to obtain from the Provider the erasure of personal data concerning him without undue delay and the Provider shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

  1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  2. the person concerned withdraws consent on which the processing is based, and where there is no other legal ground for the processing;
  • the person concerned objects to the processing pursuant to letter g.) bellow and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to letter g) point ii. bellow;
  1. the personal data have been unlawfully processed;
  2. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Provider is subject;
  3. the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

Where the Provider has made the personal data public and is obliged pursuant to paragraph above to erase the personal data, the Provider, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

Paragraphs mentioned above shall not apply to the extent that processing is necessary:

  1. for exercising the right of freedom of expression and information;
  2. for compliance with a legal obligation which requires processing by 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, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
    • for the establishment, exercise or defence of legal claims .
  3. Right to restriction of processing

Persons whose personal data are processed by the Provider, have the right to obtain from the Provider restriction of processing where one of the following applies:

  1. the accuracy of the personal data is contested by the person concerned, for a period enabling the Provider to verify the accuracy of the personal data;
  2. the processing is unlawful and the person concerned opposes the erasure of the personal data and requests the restriction of their use instead;
  • the Provider no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
  1. the person concerned has objected to processing pursuant to letter g) pint i. above, pending the verification whether the legitimate grounds of the controller override those of the data subject.

Where processing has been restricted under the article above, such personal data shall, with the exception of storage, only be processed with the person´s concerned consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. The person concerned who has obtained restriction of processing pursuant to previous article shall be informed by the Provider before the restriction of processing is lifted.

  1. Notification obligation regarding rectification or erasure of personal data or restriction of processing

The Provider shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with art. 8.5 of the GBTC, to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Provider shall inform the data subject about those recipients if the data subject requests it.

  1. Right to data portability

The person concerned shall have the right to receive the personal data concerning him, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the Provider to which the personal data have been provided, if the processing is carried out by automated means.

In exercising his right to data portability pursuant to this article, the person concerned shall have the right to have the personal data transmitted directly from the Provider to another, where technically feasible.

The exercise of the right shall be without prejudice to letter c) above. That 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 right referred to in this paragraph shall not adversely affect the rights and freedoms of others.

  1. Right to object the processing

The persons concerned, whose personal data are processed by the Provider have the right to object the processing of the personal data concerned anytime

  1. from the reasons concerning their actual data specified in art. 8.2., point iii GBTC, processed for the purposes of the scientific reasons for the purpose of improving the quality of the Application (in such case the Provider does not process the personal data anymore, unless he proves a significant and legitimate reason for processing, that outweigh the interests or rights and freedoms of the persons concerned);
  2. and are processed for the purposes of the direct marketing , that includes profiling when it comes to direct marketing (in which case personal data will no longer be processed for that purpose).
  1. Automated individual decision-making, including profiling

Persons whose personal data are processed by the Provider, have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or similarly significantly affects him. This paragraph shall not apply if the decision:

  1. is necessary for entering into, or performance of the Agreement;
  2. is authorised by Union or Member State law to which the Provider is subject and which also lays down suitable measures to safeguard the person´s concerned rights and freedoms and legitimate interests; or
  • is based on the person´s concerned explicit consent.

In the cases referred to in points i. and iii., the Provider shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the Provider, to express his or her point of view and to contest the decision.

  1. Communication of a personal data breach to the data subject

When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the Provider shall communicate the personal data breach to the subject concerned without undue delay, and doing so he shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures.

In the communication the Provider describes at least following information: name and contact details of the Data Protection Officer or other contact point; description of the likely consequences of a personal data breach; the description of the measures that the Provider has taken into account or offered to resolve the violation of personal data protection, including any measures to mitigate possible adverse impacts.

The communication to the person concerned shall not be required if any of the following conditions are met:

  1. the Provider has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
  2. the Provider has taken subsequent measures which ensure that the high risk to the rights and freedoms is no longer likely to materialise;
  • it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the persons concerned are informed in an equally effective manner.
  • Additional information

The legal basis for the processing of personal data for the purpose specified in art. 8.2. a) GBTC is the necessity of these data for the fulfilment of the rights and obligations arising from the Agreement. The legal basis for the processing of personal data for the purpose specified in art. 8.2. b) this GBTC, is a legitimate interest of the Provider in the development of Application and Improvement of Services. The legal basis for the processing personal data for the purpose specified in art. 8.2. d) this GBTC is the necessity of fulfilling the legal obligation which are applicable to the Provider.

Personal Data is processed by the Provider solely for internal purposes and without the Customer´s consent is not authorized to provide, transmit or make available to third parties, or to dispose of such data to a greater extent than is necessary for purposes, unless disclosure of such information is requires by legislation or competent authorities.

An exception is the following personal data forwarding:

Without prejudice to any other means of administrative or judicial protection, aby person whose personal data are processed by file a complaint with a Supervisory Authority which is a Personal Data Protection Office for the Czech Republic if he considers that the processing of his personal data is in breach of legal regulation.

  1. validity and effect, applicable law

These GBTC enter into force and take effect on the day…..

Legal relationships under the Agreement are governed by the Czech law. However, as a result of this choice, the Consumer is not deprived of protection by providing him with provisions of a law which cannot be derogated from by law and which would be used in the absence of choice of law.

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