for the use of the Collabim computer program and related services
1. a) Provider - Collabim s.r.o., based Okružná 2615, České Budějovice 3, 370 01 České Budějovice, Identification Organisation Number 05711151, Tax Identification Number CZ05711151, registered in the Commercial Register, Insert C 26010 filed at the Regional Court in České Budějovice
1. b) Contract – Contract on the use of Collabim software license, concluded in electronic form between Provider and User;
2. c) Collabim - In particular, the software serves as a record of marketing activities (management of search engine optimization activities), with more detailed software functional specifications and technical software specifications available at https://www.collabim.cz.
3. d) User - a natural or legal person who concluded Contract of Collabim Software License
Personal data protection
1.1. By sending an order from the online Collabim software license form, the User confirms that he/she is aware of the terms of the data protection and he or she agrees with its wording and that he or she accepts them in full range.
1.2 The Provider is the User's personal data manager pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / ES (General Regulation on the protection of personal data) further as: "GDPR"). The Provider undertakes to process personal data by the law, in particular, GDPR .
1.3. Personal data is all information about an identified or identifiable natural person; identifiable natural person is a natural person directly or indirectly recognizable, in particular by reference to a specific identifier such as name, identification number, location data, network identifier or one or more factors specific to the physical, physiological, genetic, mental, economic or the social identity of that individual.
1.4 With the order is required personal details that are necessary for the successful completion of the order (name and address, contact). The purpose of personal processing data is to complete the User's order and to provide the rights and obligations arising from the contractual relationship between the Provider and the User. The purpose of processing personal data is also to send business updates and other marketing activities. The legal reason for the processing of personal information is the fulfillment of the Contract under Art. 6 par. (1) b) GDPR, fulfillment of the legal responsibility of the administrator according to Art. 6 par. (1) c) GDPR and the Provider's legitimate interest according to Art. 6 par. (1) Letter f) GDPR. The legitimate interest of the Provider is the processing of personal data for direct marketing.
1.5 The Provider uses the services of subcontractors, in particular, mail service providers (personal data are stored in 3rd countries), and the web host provider to fulfill the tasks connected with license contract. Subcontractors are screened for the safe processing of personal data. Provider and subcontractor of a web hosting have entered into a personal data processing agreement whereby the subcontractor is responsible for the proper provision of the physical, hardware and software perimeter and hence bears direct responsibility for any leakage or intrusion of personal data.
1.6 The Provider shall store the User's data for the period necessary to exercise the rights and obligations arising from the contractual relationship between the Provider and the User and the exercise of the claims under these contractual relations (for 15 years period from the termination of the contractual relationship). After it expires, the data will be deleted.
1.7 The User has the right to request from the Provider access to his / her data as per Art.15 GDPR, correction of personal data according to Art. 16 GDPR, or limitation of processing according to Art. 18 GDPR. The user has the right to delete personal data according to Art. 17 par. (1) (a) And (c) to (f) of the GDPR. Furthermore, the User has the right to object to the processing under Art. 21 GDPR and the right to data portability under Art. 20 of GDPR.
1.8 The user has the right to file a complaint with the Personal Data Protection Office if he/she considers that his / her right to privacy has been violated.
1.9 The User is not obliged to provide personal data. However, the provision of personal data is a requirement for the conclusion and performance of the Contract, and without the provision of personal data, it is not possible to conclude the Contract or to do so by the Provider.
1.10 Provider does not automatically make an individual decision as per No. 22 GDPR.
1.11 Prospect interested in using the services of the Provider by filling in the contact form:
1.13 The provider also uses "cookies files" to improve the quality of services, personalize the offer, collect anonymous data and for analytical purposes in his presentation. By using the website, the User agrees to use the technology.
2.1 The Provider is about the personal data of the clients of Users the processor according to Art. 28 GDPR. The User is the administrator of this data.
2.2 These Terms and Conditions govern the mutual rights and obligations for the processing of personal data to which the Provider has gained access in the frame of the fulfillment of the Contract on licence concluded in the form of the General Business Terms and Conditions at https://www.collabim.cz (hereinafter "License Contract") concluded with the User for the date of provision of the User account.
2.3. The Provider undertakes for the User to process personal data to the extent and for the purposes stated in the article. 2.4 - 2.7 of these conditions. Processing resources will be automated. The Provider will collect, store, keep, block, and liquidate personal information as part of processing. The Provider is not authorized to process personal data in violation or beyond the limits set by these Terms.
2.4 Provider undertakes for Users to process personal data in the following range:
1. Standard personal data,
2. Special data categories as per Art. 9 GDPR, which the User obtained by his business activity.
2.5. The Provider undertakes for Users to process personal data to provide a Collabim software license in the form of a Licence Contract.
2.6. Personal data may be processed only at the Provider's or subcontractor's workplaces under Art. 2.8 of these Conditions, and within the territory of the European Union.
2.7. The Provider undertakes for the User to process the personal data of the User's clients, all for the time necessary to exercise the rights and obligations arising from the contractual relationship between the Provider and the User, and to exercise the rights under these contractual relations (for 15 years from the termination of the contractual relationship).
2.8 The User grants permission from subcontractors as a further processor, as per Art. 28 par. 2 of GDPR, which is the hosting application provider. The User further authorizes the Provider to have general permission to engage in the processing of personal data another processor, but the Provider must inform the User in writing of any planned changes to receive or replace the additional processors and give the User the opportunity to object to these changes. The Provider must impose on its subcontractors as personal data processors the same personal data protection obligations as set out in these Conditions.
2.9. The Provider undertakes that the processing of personal data will be ensured in particular as follows:
1. Personal data are processed by the law and regulations and based on the User's instructions, i.e., to perform all the activities required to license the Collabim software in the form of a Licence Contract.
2. The Provider undertakes to provide technically and organizationally the protection of the processed personal data in such a way that unauthorized or accidental access to the data, its modification, destruction or loss, unauthorized transmission or any other illegal processing, as well as any other misuse, will not happen and it will be personally and organizationally , throughout the whole data processing process safe and kept all the obligations of the data processor resulting from the legislation.
3. The adopted technical and organizational measures correspond to the degree of risk. The Provider ensures the continued confidentiality, integrity, availability, and resilience of processing systems and services, and timely restore the availability of and access to personal data in case of physical or technical incidents.
4. The Provider at this moment declares that the protection of personal data is subject to the internal security regulations of the Provider.
5. Only authorized persons of the Provider and the subcontractors will have access to personal data under Art. 2.8 of these terms and conditions which will have set by the Provider the conditions and scope of the data processing and any such person will access the personal data under its unique identifier.
6. Authorized individuals of Provider who process personal data under these terms and conditions are required to maintain the confidentiality of personal data and security measures whose disclosure would risk their security. The provider will ensure their demonstrable commitment to this duty. The Provider will ensure that this obligation for both the Provider and the entitled persons will continue after the termination of the employment or other relationship with the Provider.
7. The Provider will assist the User, through appropriate technical and organizational measures, if possible, to meet the User's obligation to respond to requests for the exercise of the rights of the person concerned listed in the GDPR; as well as to ensure compliance with the obligations under Art. 32 to 36 GDPR, taking into account the nature of the processing and information available to the Provider.
8. Upon termination of the performance associated with the processing, as per Art. 2.7 of these Terms, the Provider is obliged to erase all personal data or return it to the User, unless he must store personal data under a particular law.
9. The Provider will provide the User with all the information necessary to demonstrate that the obligations under this contract and the GDPR have been met, will allow audits, including inspections, performed by the User or by another auditor that has been authorized by the User.
2.10 The User undertakes to immediately declare all known facts known to him that could adversely affect the proper and timely fulfillment of the obligations arising out of these Conditions and to provide the Provider with the necessary assistance to fulfill these conditions.
3.1 These conditions shall cease to apply upon expiry of the period referred to in Art. 1.6 and Art. 2.7 of these conditions.
3.2 The User agrees to these terms by checking the consent via the online form. By ticking the approval, the user states that they have read these terms and conditions and agreed to accept them entirely without any exception.
3.3 The Provider is entitled to change these terms. The Provider is obliged to publish a new version of the conditions on his website without undue delay, or he will send the latest version to the User to his / her email address.
3.4 Provider's contact details for the following conditions: +420 739 686 259, email@example.com.
3.5 Relationships with these terms not explicitly regulated are regulated by the GDPR and the legal order of the Czech Republic, mostly Act No. 89/2012 Coll. of Civil Code, as amended.
In České Budějovice, May 1, 2018
Dalibor Jaroš, Managing Director