GENERAL TERMS AND CONDITIONS
valid and effective for the purposes of operating the Website and for the purposes of granting consents in accordance with these General Terms and Conditions
INTRODUCTORY PROVISIONS AND DEFINITIONS
1.1 These General Terms and Conditions set out in detail the framework of the legal relationship between the Company and the Visitor arising from browsing the content of the Website. Visitors are bound by the rules regulated by these general terms and conditions from the moment they acquire the status of Visitor.
1.2 Legal relations not regulated by these general business conditions are governed by the relevant generally binding legal regulations valid and effective in the territory of the Slovak Republic, in particular Act no. 513/1991 Coll. Commercial Code as amended and Act no. 185/2015 Coll., The Copyright Act as amended (hereinafter also referred to as the "Copyright Act" in the appropriate grammatical form), regardless of whether the Visitor or Client are business entities registered abroad or are natural persons who are citizens Of the Slovak Republic or other states such as the Slovak Republic.
1.3 The Company is a business company established, established and registered in the relevant registers in accordance with the relevant generally binding legal regulations in force and effective in the Slovak Republic and is authorized to conduct business so that it can operate the Website and the Internet application and grant a License. under these general terms and conditions.
1.4 For the purposes of these General Terms and Conditions, the Website is a website, the content of which will be displayed to the Visitor or the Client in a standard Internet browser after entering the domain address as www.xiaomiplanet.sk or will be displayed after redirecting Visitors from another website. For the avoidance of any doubt, it is stipulated that for the purposes of these General Terms and Conditions, the Website means any part of the Website identified via a subdomain address to a domain address pursuant to the first sentence of this paragraph. The Website is operated by. The Company decides on the Content of the Website, in particular on the structure of the Website, the graphic representation of its parts and the whole, the composition of the Content of the Website, the scope and location of the required and published information.
1.5 For the purposes of these General Terms and Conditions, the content of the Website is all multimedia, graphic, textual or other content different from the Internet Application, which is displayed to the Visitor when browsing the Website or browsing the Website. The Company exercises all property rights of authors or other persons who have contributed to the creation of the content in question with their creative intellectual activity and at the same time has all rights to the Website Content, which is not protected by intellectual property rights as a subject of protection. Whenever the term Website Content is used in these General Terms and Conditions, this means the content of the Website as a whole and at the same time each part thereof, unless otherwise provided in these General Terms and Conditions. Without the prior consent of the Company, the Visitor has no right to use the Content of the Website or any part thereof other than when browsing the Website.
1.6 For the purposes of these general terms and conditions, the visitor is a natural or legal person who enters a domain address in the address bar of a standard internet browser as www.xiaomiplanet.sk or the address of one of the subdomains of the domain address in question and displays the Website content or you will be redirected to the Website Content in particular, but not exclusively, from the Internet search engine environment or from another website and the Website Content will be displayed.
1.7 For the purposes of these General Terms and Conditions, a technical device is a device containing hardware and software equipment enabling connection to the Website in the environment of electronic communication network Internet, viewing the content of the website and using the service, especially personal computer or laptop or tablet or smartphone. The use of technical equipment in connection with the browsing of the Website or the use of the Internet Application is the sole responsibility of the person browsing the Website.
1.8 For the purposes of these General Terms and Conditions, GDPR is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC.
1.9 For the purposes of these general terms and conditions, the Personal Data Protection Act is Act of the National Council of the Slovak Republic no. 18/2018 Coll. On the protection of personal data and on the amendment of certain laws as amended.
RULES FOR VIEWING THE WEBSITE
2.1 The Visitor has the right to view the Content of the Website using the Technical Equipment.
2.2 The Visitor is obliged to proceed in such a way that browsing the Website and any part of the Content of the Website in such a way that its actions do not interfere with the rights of the Company or other Visitors or third parties. In the event that such an intervention occurs, the Visitor is responsible for the consequence of this intervention independently, without the participation of the Company.
2.3 The Visitor may not physically download the Content of the Website or any part thereof from the Website to the Technical Device beyond the Content of the Website designated by the Company for download to the Technical Device or make any visual or audio or audio-visual image from the Website content. record. In the event that the Visitor breaches these obligations, he shall be liable for any damage incurred by the Company or other Visitors or third parties.
2.4 The Visitor has the right to download that part of the Content of the Website designated by the Company for this purpose, provided that he is obliged to follow the Company's instructions in this procedure. In the event of non-compliance with the Company's instructions, any right of the Visitor to compensation for any damage expires.
2.5 In the event that the Content of the Website is a space for the expression of an opinion or other expression of the Visitor on a specific fact, the Visitor is also obliged to proceed in accordance with the provisions of Art. II par. 2.2 of these general terms and conditions. In the event that such an intervention can be anticipated or occurs, the Company reserves the right to unilaterally remove such an opinion from the Content of the Website. For the avoidance of doubt, it is stipulated that the Company is not responsible for any opinion expressed through the Website; The Visitor is solely responsible for the content of the opinion or other statement and possible violation of generally binding legal regulations valid and effective in the territory of the Slovak Republic.
2.6 The visitor must not prevent other discussants from discussing or adding contributions in the discussions, he must not abuse the space intended for discussion, especially for the promotion of his person, other persons, goods or services.
2.7 The visitor is not entitled to any reward for posting in the discussion or forum.
2.8 In the event of a breach of the Visitor's obligations, the Company is entitled to remove any content that the Visitor has added to the environment of the Website.
2.9 It is stipulated that the Company has the right to store temporary or permanent files in the Technical Equipment of the Visitor, the so-called cookies designed to facilitate the Company's communication with the Visitor. The Visitor shall also confirm this fact by clicking on the relevant link concerning the granting of consent to the storage of the files in question in the Technical Equipment.
RIGHTS AND OBLIGATIONS OF THE COMPANY
3.1 The Company ensures that the Website is accessible without interruptions or other interruptions. The interruption or failure of the Website due to circumstances excluding liability in accordance with Art. VIII of these General Terms and Conditions. The interruption or failure of the Website due to regular or extraordinary service interventions of the Company is also not considered a breach of obligations.
3.2 The Company is obliged to perform all actions that can be objectively expected from it by the Visitor with regard to the business, economic and property background of the Company in order to prevent damage to the Visitor's property. The Company is not liable for damage to the Visitor's property that has arisen as a result of a breach of their obligations.
3.3 The Company has other rights and obligations under other provisions of these General Terms and Conditions.
3.4 The Company reserves the right to unilaterally supplement or change these general terms and conditions as required by the protection of the rights or legitimate interests of the Company or Visitors or third parties.
DAM PREVENTION AND COMPENSATION
4.1 The Company and the Visitor are obliged to pay increased attention to the prevention of damage, especially to the general prevention of damage. The Visitor is obliged to notify the Company of obstacles that prevent or will prevent him from fulfilling his obligations under these General Terms and Conditions and the consequences of non-compliance. The information must be provided without undue delay after the liable party has become aware of the obstacle or has been able to learn with due care.
4.2 Each party to the legal relationship has the right to compensation for damage caused as a result of a breach of obligations by another party to the legal relationship, unless liability is excluded under these general terms and conditions.
4.3 In the event that a circumstance precludes the Company's liability arises, the Company is obliged to inform the Client of these circumstances without delay.
SETTLEMENT OF DISPUTES
5.1 The parties to the legal relationship under these general terms and conditions undertake to take all available measures to specifically resolve any disagreements and disputes that may arise from the failure of the liable person and to resolve the situation by mutual agreement. Disputes that could arise as a result of non-fulfillment of obligations under these general terms and conditions will be the subject of proceedings before the relevant general courts of the Slovak Republic and according to generally binding legal regulations valid and effective in the territory of the Slovak Republic.
PROVISIONS ON THE PROTECTION OF PERSONAL DATA
6.1 The terminology used in the content of this article has the same meaning as the same terminology used in the content of the GDPR and the Personal Data Protection Act.
6.2 For the purposes of this article of these general terms and conditions, the affected person means the Visitor, if he is a natural person. The operator is the Company.
6.3 The company by virtue of the provisions of Art. 6 par. 1 letter b) GDPR processes the personal data of the Data subject, which are: name, surname, e-mail address.
6.4 The data subject declares that he / she has provided all personal data about his / her person to the Company freely and seriously and that his / her will in this proceeding was real and without error, and at the same time declares that all personal data provided by him / her are complete, current and true and relate only to the data subject. which provides personal data.
6.5 The legal basis for the processing of personal data is
a) granting the consent of the Data subject to the processing of personal data in accordance with the provisions of Art. 6 par. 1 letter b) GDPR.
6.6 The purpose of processing personal data according to Art. VI par. 6.4 of these General Terms and Conditions is the collection, storage and processing of personal data by the Company and their use in actions in connection with the use of the Website by the Affected Person and other Affected Persons, including any communication with the Affected Person as well as for the Company's own marketing purposes. information about the Website or other services or products of the Company, including by electronic means (e-mail, sms).
6.7 The data subject shall be fully liable for damages caused by the inaccuracy or out-of-date personal data provided or the disclosure of personal data of a person other than the data subject.
6.8 The person concerned has the right to withdraw the consent at any time in writing. Withdrawal of consent is effective on the day of its delivery to the Company.
6.9 Personal data The data subject is protected in accordance with the provisions of the Personal Data Protection Act and the GDPR.
6.10 The Company undertakes to take all measures for the needs of effective security of the Affected Person's personal data, as well as to secure all data, database and mail files of the Affected Person against their loss, damage or destruction.
6.11 The Company in accordance with the provisions of Art. 13 The GDPR communicates to the Affected Person the following information:
Operator identification data:
Planets sro, ID 52 215 113
with registered office at Sedličná 114, 913 11 Trenčianske Stankovce
e-mail: info (at) xiaomiplanet.sk
Purpose of processing personal data is defined in the provision of Art. VI par. 6.6 of these general terms and conditions,
Legal basis for the processing of personal data is defined in the provision in no. VI par. 6.5 general terms and conditions,
List of personal data is defined in the provision of Art. VI par. 6.3 of these general terms and conditions.
6.12 In special cases, if it is necessary and necessary for the proper use of the Internet application to provide personal data of the Affected Person to a third party or to transfer personal data to a third country, the Company shall provide information to the Affected Person.
6.13 The Company retains the personal data of the Affected Person for a maximum period of 10 years, resp. until the consent of the person concerned is revoked.
6.14 The data subject has the right to request from the Company access to personal data concerning the data subject, the right to correct personal data, the right to delete personal data or the right to restrict personal data, the right to object to the processing of personal data and the right to personal data transfer.
6.15 If the person concerned suspects that his / her personal data are being processed unjustifiably, he / she has the right to submit a proposal to the Office for Personal Data Protection of the Slovak Republic to initiate proceedings on personal data protection pursuant to § 100 of the Personal Data Protection Act.
6.16 To the Information on the Rights of the Affected Person The Company draws the attention of the Affected Person to the provisions of Art. 15 to 22 and Art. 34 GDPR, according to which the Person concerned has the following rights:
The right of access to personal data pursuant to Art. 15 GDPR: The data subject has the right to obtain confirmation from the Company as to whether personal data concerning him or her are being processed. The data subject has the right to access this personal data and the information referred to in Art. VI par. 6.3 of these general terms and conditions.
Right to rectify personal data under Art. 16 GDPR: The data subject has the right to have the Company correct incorrect personal data concerning him without undue delay. With respect to the purpose of processing personal data, the Data subject has the right to complete incomplete personal data.
The right to delete personal data according to Art. 17 GDPR: The data subject has the right to have the Company delete personal data concerning him without undue delay if the data subject has exercised the right of erasure and if (A) the personal data are no longer necessary for the purpose for which they were obtained or (B) the data subject withdraws the consent on the basis of which the processing of personal data is carried out and there is no other legal basis for the processing of personal data, (C) the data subject objects to the processing of personal data and there are no legitimate grounds for processing personal data. the person objects to the processing of personal data for the purpose of direct marketing, (D) personal data are processed illegally, (E) the reason for deletion is the fulfillment of obligations under the GDPR, Personal Data Protection Act, special regulation or international agreement by which the Slovak Republic is bound, ( F) personal data were obtained in connection with the offer of information society services.
The right to restrict the processing of personal data pursuant to Art. 18 GDPR: The data subject has the right to the Company to restrict the processing of personal data about the data subject if: (A) the data subject objects to the accuracy of the personal data during the period allowing the Company to verify the accuracy of the personal data, (B) the processing of personal data is illegal and the Data subject objects to the deletion of personal data and instead requests that their use be restricted, (C) the Company no longer needs personal data for the purpose of processing personal data, but needs the Data subject to exercise a legal claim, (D) the Data subject objects to the processing of personal data, and this until verification of whether the legitimate reasons on the part of the Company outweigh the legitimate reasons of the Affected Person. The Company is obliged to inform the data subject whose personal data processing will be restricted before the restriction on the processing of personal data occurs and before the restriction on the processing of personal data ends.
The right to information on the correction, deletion or restriction of the processing of personal data pursuant to Art. 19 GDPR: The Company, if requested by the Affected Person, is obliged to inform the Affected Person about the recipients to whom the Company has notified the correction of personal data, deletion of personal data or restriction of the processing of personal data.
The right to the transfer of personal data according to Art. 20 GDPR: The data subject has the right to obtain personal data relating to him which has been provided to the Company in a structured, commonly used and machine-readable format and has the right to transfer such personal data to another controller.
The right to object to the processing of personal data pursuant to Art. 21 GDPR: The data subject has the right to object to the processing of his or her personal data on the grounds of his or her specific situation on a legal basis because the processing of personal data is necessary to fulfill a public interest task or because the processing is necessary for legitimate purposes. interests of the Company or a third party, including profiling based on these provisions. The Company may not further process personal data unless it demonstrates the necessary legitimate interests for the processing of personal data which outweigh the rights or interests of the Data subject or the reasons for asserting a legal claim. The data subject has the right to object to the processing of personal data concerning him or her for the purpose of direct marketing, including profiling, to the extent that it relates to direct marketing.
6.17 According to Art. 22 GDPR The data subject has the right not to be subject to a decision which is based exclusively on the automated processing of personal data, including profiling, and which has legal effects affecting or similarly significantly affecting him.
6.18 According to Art. 34 GDPR, the Affected Person has the right to be notified by the Company without undue delay of a personal data breach, if such breach of personal data protection may lead to a high risk to the rights of a natural person.
6.19 The Company is obliged to provide the Affected Person on the basis of his request with information pursuant to Art. 13 GDPR and notifications under Art. 15 to 22 and Art. 34 GDPR concerning the processing of his personal data. The Company is obliged to provide the information in paper or electronic form, usually in the same form in which the application was submitted. If the Affected Person so requests, the Company may also provide information orally if the Affected Person proves his or her identity in another credible manner. When exercising the rights under Art. 15 to 22 GDPR is obliged to provide co-operation to the Affected Person.
6.20 The Company is obliged to provide the Affected Person with information pursuant to Art. VI par. 6.16 of these General Terms and Conditions within one month from the delivery of the request of the Affected Person. The Company may, in justified cases, extend this period by a further two months, taking into account the complexity and number of applications, even repeatedly. The Company is obliged to inform the Affected Person of any such extension within one month of receipt of the request, together with the reasons for the extension.
6.21 Information according to Art. VI par. 6.16 of these General Terms and Conditions is provided by the Company free of charge.
6.22 If the Affiliate's request is manifestly unfounded or disproportionate, in particular due to its recurring nature, the Company has the right to charge the Affected Person a reasonable fee taking into account the administrative costs of providing information or a reasonable fee taking into account the administrative costs of notification or a reasonable fee taking into account the administrative costs of taking the requested action. , or refuse to act on a request.
6.23 On the limitation of the rights of the Affected Person in accordance with and pursuant to Art. 23 GDPR and § 30 of the Personal Data Protection Act The Company informs the Affected Person if the purpose of the restriction is not endangered.
Cookies and third party services
7.3 Cookies can be temporary or permanent. Temporary cookies or session cookies are deleted when you close the web browser window. Persistent cookies they remain stored on your computer even after you close the browser window. These cookies can only be read by the server that created them.
7.7 The Company uses third-party applications and services on the Website, and their use is governed by special conditions, which are available at the following links:
- newsletter service: MailerLite (https://mailerlite.com)
- Article notification subscription service: OneSignal (https://onesignal.com)
- article comment service: Disqus (https://disqus.com)
8.1 These General Terms and Conditions shall enter into force and effect on 12.2.2019 February XNUMX by their publication on the Website.
8.2 All rights and obligations of the participants in the legal relationship regulated by these general terms and conditions are governed by the law of the Slovak Republic and disputes between the participants in this legal relationship will be heard and decided by the general courts of the Slovak Republic.