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The Contracting Parties have agreed that for the purpose of these GBTU, the terms listed hereunder have the following meaning:
Software – Software is the Software Application "Echonity" designed for performing qualitative market research (esp. in the form of moderated on-line discussions), which the Provider developed and to which it exercises copyrights. Use of the Software does not include provision of access to source codes. Source codes remain owned by the Provider, and the license according to this Agreement does not relate to source codes in any way.
Agreement – The Agreement means the agreement concluded between the Provider and the User by electronic or other technical means (by completing and sending a registration form at the Provider's Website), based on which the Software Application was provided or otherwise made accessible to the User. These BGTU are an integral part of the Agreement.
License – The License means provision of authorization to exercise rights to the Software, in accordance with, in the scope, in a manner and under conditions negotiated or laid out in the Agreement and/or these GBTU.
Maintenance – Maintenance is support for the Software, i.e. update, upgrade or other changes to the Software, especially but not exclusively for the purpose of removing Software errors and ensuring compatibility and interoperability with new versions of Software created by other producers.
Civil Code – Act No. 89/2012 Coll., Civil Code, as amended.
Copyright Act – Act No. 121/2000 Coll., on copyright, on copyright-related acts and on amendment to certain acts (the Copyright Act), as amended.
Based on the concluded Agreement (the User's request - registration in the form of completing an e-mail, company/name of person and password), the Provider grants to the User a User License for the Software, under the following conditions:
The User is not entitled:
Use of the Software in the basic version is not affiliated with the User's obligation to pay for use of the Software to the Provider a License Fee. It is related however to performance of obligations according to these GBTU.
By concluding the Agreement, the User obtains a License, i.e. entitlement to exercise the right of use of the Software, and not ownership rights to the Software.
The User is entitled within the framework of the aforedescribed License to provide access to the Software exclusively to persons taking part in qualitative market research as it results from the purpose of providing the Software (employees or persons in a relationship with the User similar to employment, respondents and recruits in debates, debate moderators, contracting authorities of research – the User's clients). The User is obliged to inform all users of the Software, to whom or which he/she/it provided access to the Software in accordance with the Agreement and these GBTU, on the scope of the License and its copyright protection, as well as their obligations in relation to personal data.
The User is entitled to use the Software exclusively as its end user (and not for its further distribution).
The User undertakes to safeguard data files and computers from which the Software is accessible against misuse, and to ensure there are no computer viruses in other software.
The User agrees for the Provider to assemble and use technical information on the configuration gathered in relation to provision of Software support services for all entitled Software users. The User is entitled to use this information exclusively for improving Software or providing services of Software customization based on the User's requirements, and shall not disclose it.
The User is obliged to keep secret its access information to the Software and protect it from misuse by third parties. In case of breach of this obligation, the User is liable for all damage caused to the Provider or third parties by misuse of its access data.
The User agrees for the Provider to transfer, process and maintain data enabling the User's identification, even for all entitled Software users. The User further agrees for the Provider by its own means to check whether the User is using the Software in accordance with the provisions of these GBTU.
The User undertakes to respect the Provider's entitled interests and to refrain over the duration of the Agreement from any behavior that could damage the Provider's reputation and good name.
The User agrees for the Provider to store data and operate the Software on its server located within the Czech Republic (or a European Union Member State), or possibly on a server of third parties ensuring Software functionality for the Provider (the User explicitly agrees with this).
The Provider is entitled without prior notification to perform Maintenance on the Software (update, upgrade or other, e.g. changes in appearance to the Software, not only for the purpose of removing errors in the Software and ensuring compatibility and interoperability with new versions of the Software of other producers, but also based on its own discretion).
The Provider declares that all data gathered on the User in relation to conclusion of the Agreement shall not be used for other purposes than for which it was gathered. The Provider is entitled to process such data and further use it only for the purpose of fulfilling the obligations resulting to it from the concluded Agreement and these GBTU or in relation to performance of obligations imposed on it by legislation, and in relation to the Provider's offer of additional services relating to the Software or qualitative market research (with the User's option of canceling receipt of these offers). The Provider guarantees to the User data protection pursuant to current legislation.
The User takes into account that the Software is provided by the Provider without explicit or implicit guarantee of any kind, and the Provider provides no explicit or implicit declaration or guarantees, especially no guarantees of its appropriateness for a specific purpose. The Provider in no way guarantees that the functions that the Software contains shall satisfy the User's requirements. The User assumes full liability and risk for selecting the Software for achieving their intended results, for its use and for the results that the Software achieves.
The User relinquishes any claims to performance affiliated with use or functions of the Software (especially a claim to compensation for damage), such as the right to any possible lost profit, income or sale, or for any loss of data or for expenses incurred by obtaining replacement goods or services, for property damage, for personal injury, for interruption of business, for loss of commercial information, and furthermore for any special, direct, indirect, random, economic, covering, criminal, special or consequent damages, regardless of whether resulting from the Agreement or in relation to it, or whether in consequence of use or the inability to use the Software, or in consequence of termination of the Agreement and related deletion of data (Art. 8).
The User waives liability rights for defects in the Software. The Provider is therefore not liable for any defects or for unavailability of the Software.
This Agreement has been concluded for an indefinite period.
Either of the Contracting Parties may terminate the Agreement even without providing a reason. The termination notice period is one month, and begins running on the first day of the month following delivery of the termination notice to the other Contracting Party.
The Provider is entitled to withdraw from the Agreement also by unilateral declaration delivered to the User's registration e-mail in case the User breaches in a serious manner one of its obligations resulting from the Agreement or these GBTU, especially if the User uses the Software in a manner that is inconsistent with the Agreement and these GBTU, or with obligations resulting to the User from generally binding legislation (breach of copyrights, ascertained breach of rights to personal data protection, damaging the Provider's good name, an attempt at unauthorized use of the Software e.g. by changing the URL address, attempting to hack it, attempting to access data of outside users or the Provider, attempting to access functions of the Software, to which no license has been provided, use of the Software for purposes of sending unwanted mass e-mails (spam), sale of the Software to other persons - sublicenses, paid or unpaid distribution of the Software). By withdrawal, the Agreement terminates to the date of delivery of the withdrawal notice to the User.
In the event of termination of the Agreement (withdrawal, termination), the Provider is entitled after ten days following the sending of a termination or withdrawal notice from the Agreement to completely delete all of the User's data stored in the system without the possibility of its recovery.
The Provider is entitled to regularly update the GBTU. The Provider shall publish the wording of changes and amendments, or the complete wording of the updated GBTU, at its Website https://echonity.com/terms-of-use. The Provider shall notify the User of the update of the GBTU and on the method of their publication electronically by no later than fifteen (15) days prior to the effective date of such update. The User is obliged to become familiar with the updated GBTU. If within fifteen (15) days after delivery of the update notice, the User does not express in writing his/her/its explicit disagreement with the updated GBTU (e.g. in the form of terminating the Agreement, to which he/she/it is entitled), and continues to use the Software, or other services provided by the Provider, the new wording of the GBTU become binding for the concluded contractual relationship as a change of the originally negotiated conditions of the contractual relationship, effective from the date determined in the relevant update of the GBTU.
10.1 In order to comply with obligations laid out by - 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 (General Data Protection Regulation) (the "GDPR"), the Contracting Parties (the User in the position of the personal data administrator and the Provider in the position of the personal data processor) have agreed on the following obligations for Personal Data Processing in the framework of performances according to this Agreement.
For the purposes of this paragraph 10, in accordance with Art 4(7) of the GDPR, the User shall be designated as the "Controller", and in accordance with Art 4(8) of the GDPR, the Provider shall be designated as the "Processor".
For the purposes of this paragraph 10 the GDPR abbreviation also applies to the applicable provisions of the Act No. 101/2000 Coll., On the Protection of Personal Data.
10.2 The subject of the Controller's activity is human resources consultation services for clients that are third parties seeking or offering employment positions ("Interested Parties"). In the framework of fulfilling obligations towards Interested Parties, the Controller searches for suitable third parties whose personal data, in case of their consent with such processing, are further used and processed ("Data Subjects"). In terms of categories of Data Subjects, it therefore concerns potential employees for Interested Parties.
10.3 The purpose of processing according to this Agreement is processing all personal data of third parties (Data Subjects) handed over by the Orderer to the Supplier directly or indirectly (by maintaining for the Orderer or its authorised persons into the Software) ("Personal Data"), and performance of the Controller’s obligations towards Interested Parties in the framework of the human resources services described above.
10.4 The Processor processes Personal Data based on the Controller's instructions, especially by automatic processes in the framework of functions of the Software or possibly manually (e.g. in the framework of direct modifications or repairs of the Software at the Controller's explicit request), in such a way that the Software could be correctly used including all its functions (the "Nature of Processing").
10.5 The subject of processing is Personal Data in the scope handed over by the Controller (esp. identification data, photographs, other data ordinarily stated in one's curriculum vitae, etc.).
10.6 The subject of processing is not sensitive Personal Data (except for cases when the Data Subject himself hands such Personal Data over in the framework of his created curriculum vitae).
10.7 The scope of Personal Data Processing is limited by the framework of mutual performance according to this Agreement (automatically in the framework of Software functions or according to the Controller's instructions and the consent of Data Subjects).
10.8 Obligations and declarations of the Controller
10.9 Obligations and declarations of the Processor
10.10 Guarantees of the Processor on technical and organizational security of Personal Data Protection
Based on the DDPR, the Processor is obliged to take such measures that prevent unauthorized or random access to Personal Data, their change, destruction or loss, unauthorized transmissions, other unauthorized data processing, or any other abuse of Personal Data. This obligation applies even after termination of Personal Data Processing based on this Agreement. The Processor declares that in the framework of Personal Data Processing according to this Agreement, it has adopted measures according to Art. 32 of the GDPR, i.e. especially the following technical and organizational measures.
10.11 Pursuant to Art. 82(2) of the GDPR, the Processor is liable for the damage caused by Personal Data Processing only in case that it failed to fulfill obligations determined by the GDPR or specifically directed to processors, or where it has acted outside or contrary to lawful instructions of the Controller. In other cases, the Controller is liable towards Data Subjects for damage caused by processing which breaches the GDPR. If the Processor finds that the Controller is in violation of responsibilities prescribed by law, it is required to immediately notify the Controller of this and terminate Personal Data Processing.
10.12 Personal Data shall be processed over the duration of this Agreement or over the duration of the provided license, if this period is longer. To the date of termination of this Agreement, the Processor is obliged to return to the Controller all processed Personal Data.
If not negotiated in the Agreement otherwise, relations from the Agreement (including the GBTU) are governed by the Czech legal system and within its framework, especially by Act No. 89/2012 Coll., Civil Code., as amended. The User explicitly agrees with the fact that for resolving any disputes or claims from the Agreement (including the GBTU) towards the Provider, or disputes and claims relating to use of the Software, the courts of the Czech Republic are the competent courts (having jurisdiction) (in relation to this, the Contracting Parties have agreed that in case of factual jurisdiction of the regional courts, the court having jurisdiction is the Municipal Court in Prague, and in case of material jurisdiction of district courts, the court having jurisdiction is the District Court of Prague 5). The User and the Provider have agreed that conflict-of-law provisions of the decisive legal system (materially relevant Regulations of the European Parliament and of the Council) and United Nations Agreements on Contracts of the International Sale of Goods do not apply in light of the aforementioned.