Terms of Service for the provision of the Quanda service

1. Introductory provisions

1.1. The business company Quanda International s.r.o., company ID (IČ) 02285665, with its registered office at Národních hrdinů 44, Dolní Počernice, 190 12 Praha 9, registered in the Commercial Register at the Municipal Court in Prague, Section C, Insert No. 217649 (hereinafter the „Provider"), provides the QUANDA service, which consists of a set of on-line tools and means for creating, keeping and managing information about persons and companies, for creating, keeping and managing online questionnaires and online analyses, for creating, keeping, managing and sending out bulk e-mail campaigns and for creating, keeping and managing Active forms (hereinafter the „service"). The service is provided to subscribers, as defined below, under the conditions set out in these Terms of Service.

1.2. A subscriber of the services means any natural person or legal entity (hereinafter „LE") that has registered for the service in accordance with these Terms of Service (hereinafter the „subscriber"). Only a person with full legal capacity may be a subscriber.

1.3. The subscriber and the Provider are hereinafter jointly also referred to as the „contracting parties".

2. Subscriber registration

2.1. Registration is carried out by completing the registration form published on the service's website http://www.quanda.com. When registering, the subscriber is obliged to provide all required information completely, truthfully and correctly. When registering an LE, it is necessary to state who is carrying out the registration on behalf of that legal entity. Upon registration, the subscriber expresses consent to these Terms of Service and to the processing of the subscriber's personal data by the Provider, otherwise the subscriber's registration will not take place.

2.2. In connection with the registration, the Provider shall retain the data throughout the entire period of the subscriber's use of the service and thereafter for a period of 10 years, or, to the extent necessary, for the period stipulated by the applicable legal regulations, for the purpose of any potential identification of the registering person, with which the subscriber unreservedly agrees.

2.3. Throughout the entire period of subscribing to the service, the subscriber is obliged to keep the registration data up to date so that it corresponds to the actual situation. The subscriber is responsible for its correctness and truthfulness throughout the entire term of the contract.

2.4. After registration, the subscriber is assigned the „Trial 200" tariff, which corresponds in its scope of services to the PROFESSIONAL 200 tariff and is free for 14 days. After 14 days, the subscriber's account is switched to the „Trial ended" tariff, unless the subscriber selects another, paid tariff during those 14 days. The scope of the functions provided under the individual tariffs (hereinafter the „tariff") and their prices are listed on the Provider's website at www.quanda.com/pricing. The prices of the individual tariffs may also be stated and set pursuant to Article 8 of these Terms of Service.

3. Formation and term of the contract for the provision of the service

3.1. After the subscriber completes the registration form, expresses consent to the Terms of Service and to the processing of personal data, and sends the form to the Provider, the Provider will send an activation link to the subscriber's e-mail address. By clicking on this activation link and by the subscriber's first login to the service using the subscriber's assigned or chosen login name and password (hereinafter the „access credentials"), the contract for the provision of the QUANDA service is concluded. From the moment the contract is concluded, the subscriber is bound by these Terms of Service. The Provider is bound by these terms from the moment they are published.

3.2. If, during the trial period or after its termination, the subscriber decides to use the service under one of the paid tariffs, the subscriber sends an order to the Provider. In the order, the subscriber shall state the complete identification data of the person and company ordering the service, and further state the type of tariff and the frequency of payments. The frequency of payments may be monthly or annual.

3.3. This contract is concluded for an indefinite period.

4. Rights and obligations of the contracting parties

4.1. After the subscriber enters the access credentials on the service's website, the Provider undertakes to enable the subscriber to access this service.

4.2. Upon the first login to the service, the Provider will enable the subscriber to set up their own third-level domain (e.g. companyname.onquanda.com) and a default e-mail address for sending e-mail campaigns. The subscriber is then entitled to use the service at this address (e.g. companyname.onquanda.com). The subscriber acknowledges that this setting can only be made once, namely upon the first login to the system, and it cannot be changed during future use of the service. The e-mail address can be changed during the use of the service, on the basis of a written request sent to the Provider.

4.3. The subscriber acknowledges and agrees that the Provider may use third-party services for sending e-mails. For this purpose and to verify the validity of the subscriber's e-mail address, the Provider or a third party may send the subscriber an activation e-mail. When the subscriber clicks on the activation, the e-mail campaign sending function is put into operation.

4.4. The Provider reserves the right to change the third-level domain set by the subscriber, even without the subscriber's consent, if it forms a reasonable suspicion that the domain name in question is contrary to generally binding legal regulations or good morals, or is capable of infringing the property or personality rights of third parties.

4.5. The Provider reserves the right to change or supplement these Terms of Service from time to time with future effect, e.g. to adapt them to the legal and legislative situation, to expand the range of the Provider's services, and the like. Changes to these Terms of Service will be communicated to the subscriber in the form of a notice upon login to the service or by sending an e-mail to the subscriber's electronic address stated in the registration form.

4.6. The subscriber may raise objections to changes to the Terms of Service within five (5) days after receiving the notice, in writing by letter or by e-mail. If the subscriber does not raise an objection to the change to the Terms of Service within the stipulated period, or continues to use the service even after the change to the Terms of Service, the amended or supplemented Terms of Service shall become effective towards the subscriber within the period stipulated therein. If the subscriber submits objections within the period, the Provider is entitled to cancel the subscriber's account. Any prepaid payments for the provision of the service shall be refunded in the unused amount, reduced by CZK 100 representing a handling fee covering the Provider's costs of refunding the amount, however only if the change to the Terms of Service occurred purely at the Provider's will and substantially weakens the subscriber's existing rights. Any further claims of the subscriber are excluded.

4.7. The Provider guarantees the functionality of the service only in the following internet browsers: Microsoft Internet Explorer 11 and newer, Google Chrome 58 and newer, (Apple) Safari 5 and newer, Mozilla Firefox 53 and newer. The subscriber is recommended to regularly update their internet browser whenever the relevant browser prompts them to do so, so that the security of the operation of the service and the data of the contracting parties can always be ensured. To access the service and for it to function, it is essential for the subscriber to have „JavaScript" enabled in their internet browser, to have the setting and storing of „cookies" enabled, and to have Adobe Flash Player installed.

4.8. The subscriber bears full responsibility for ensuring that the data which the subscriber supplies in the course of using the service and which will be stored on the Provider's servers is in compliance with legal regulations, including its acquisition. In the case of personal data of third parties, the subscriber is obliged to obtain consent to the collection and processing of this data and is obliged to handle it in the manner stipulated by law. In the event of a breach of this obligation, the subscriber is obliged to compensate the Provider for all damage incurred by the Provider as a result of this breach, and the Provider is entitled to withdraw from this contract with immediate effect, whereby the fee for the prepaid service shall in this case not be refunded to the subscriber.

4.9. The subscriber agrees that, when the service is provided by the Provider, in particular when sending and managing online questionnaires, in online analyses, e-mail campaigns and on active forms, a designation of the Provider as the provider of the service will be displayed, including an active link leading to the website of the service and/or the Provider. A user using the services under paid tariffs is entitled to disable the display of the Provider's designation in the service settings.

4.10. The contracting parties have agreed that all relations established by these Terms of Service shall be governed by the Czech legal order. For the resolution of all potential disputes arising from this legal relationship, the parties have expressly agreed on the local jurisdiction of the District Court for Prague 1; in the case of a dispute for which a regional court would have subject-matter jurisdiction, the competent court is the Municipal Court in Prague.

5. Copyright

5.1. The author of the service and the owner of all copyright to the service, which entitles it to provide this service or its parts to third parties, is the Provider.

5.2. On the basis of these Terms of Service, the Provider grants the subscriber non-transferable, non-exclusive access to use the service for their own needs, for the term of effectiveness of this contract between the Provider and the subscriber. The subscriber is not entitled to make the service available to third parties, whether free of charge or for consideration, or to transfer the subscriber's rights and obligations under this contract to third parties.

5.3. The subscriber is not entitled to interfere with the Provider's copyright to the service or its parts, to use the service for purposes contrary to this contract or legal regulations, to reduce the value of the service as a work, to interfere with the source code of the service, to make copies of the service or its parts, or to otherwise infringe the Provider's rights to the service as a work.

5.4. The subscriber is not entitled to interfere with the Provider's rights to its business name, trademarks, logos, domain names or other intellectual property rights.

5.5. In the event of a breach of any of the obligations established in this Article by the subscriber, the Provider has the right to withdraw from this contract with immediate effect, whereby the fee for the prepaid service shall in this case not be refunded to the subscriber. The subscriber is further obliged to compensate the Provider for the damage incurred by the Provider as a result of the subscriber's breach of obligation.

6. Guaranteed availability of the service and data

6.1. The Provider undertakes to ensure the availability of the service to the subscriber for 96 % of the billing period (hereinafter the „guaranteed availability").

6.2. This period does not include the time of planned service outages for the purpose of routine service interventions aimed at securing the operation of the service, in particular server maintenance, which will preferably be carried out outside working hours. The subscriber will be informed of them in advance on the service's website or by an e-mail message; the outage will be carried out at most once per calendar month and will not last longer than four (4) hours, with the proviso that in a case where the Provider does not exercise its right to a service outage to this extent in a specific month (in specific months), it may extend the service outage in the following months by this unused time (in the event of a need for more time-consuming measures).

6.3. The guaranteed availability period further does not include unavailability caused by an act of force majeure (vis maior) or by a third party other than the Provider.

6.4. The Provider undertakes to manage the subscriber's data related to the service on servers and to back up this data once daily.

6.5. The Provider is not liable for unintentional server outages. In the event of a server outage lasting longer than two (2) hours, and thus the unavailability of the subscriber's data, the Provider is obliged to inform the subscriber thereof and to ensure that the service is put back into operation as soon as possible.

6.6. The service is continuously modified and improved. The Provider is entitled to add or remove functions within the service, but may only remove the type of functions that do not affect the use of the service within the scope stated in the price list and the basic parameters of the service stated at https://www.quanda.com.

6.7. The subscriber's data stored on the Provider's server in connection with the use of the service will be made available to the subscriber in the following manner:

After the subscriber ends the subscription to the service, all data will be permanently removed within 30 days at the latest from the end of the subscription to the service. The subscriber's access to the application and to the stored records ends at the moment the subscription to the service ends. In the event that the provision of the service or any of its parts is terminated, the Provider is obliged to inform the subscriber thereof in advance and to enable the subscriber to obtain the stored data.

7. Fair use of the service

7.1. The subscriber undertakes to use the service to a reasonable extent and for the purposes for which the service is intended. Furthermore, the subscriber undertakes not to use the service in a manner contrary to generally binding legal regulations, good morals, or in a manner capable of infringing the property or personality rights of the Provider or third parties. In the event of a breach of this provision, the subscriber is obliged to compensate the Provider for the damage incurred by the Provider as a result of the subscriber's breach of obligation, and the Provider is further entitled to restrict or completely suspend the subscriber's access to the service, until such time as the subscriber remedies the situation. This period of interruption is not included in the guaranteed availability period. The Provider is entitled to restrict or completely suspend the subscriber's access to the service also in the event of excessive or machine-based exploitation of the service that could endanger the use of the service by the subscriber or by other subscribers. Suspension or restriction of access to the service by the Provider on the basis of the application of this fair use of the service does not give rise to any claim by the subscriber for a discount or other legal or financial compensation from the Provider.

8. Service fee

8.1. The fee for using the service is stipulated in the Provider's current price list located on the website https://www.quanda.com/pricing. The price list is an integral part of these Terms of Service.

8.2. The service fee is paid repeatedly on a monthly or annual basis (billing period) depending on the subscriber's choice or an agreement between the Provider and the subscriber. Unless the contractual relationship is terminated pursuant to Article 12, the billing period is automatically extended according to the chosen length of the billing period. The Provider is obliged to inform the subscriber of any change to the fee in the same manner as in the case of a change to the Terms of Service.

8.3. The fee for the annually paid service is payable on the basis of an invoice issued on the day of activation of the relevant paid tariff, with a due date of fourteen (14) days from the day of issue. Further invoices, always issued anew for the same period, are issued automatically fourteen (14) days before the expiry of the period for which the service was ordered, with a fourteen-day (14-day) due date.

8.4. The fee for the monthly paid service for the first month of using the service (the first period) will be charged in a proportionate amount corresponding to the number of days of using the service in the first month, by an invoice issued no later than 3 days from the activation of the relevant paid tariff, with a fourteen-day (14-day) due date. Further monthly invoices with a fourteen-day (14-day) due date will be issued automatically anew always on the first (1st) day of the month or on the fifteenth (15th) day of the month in which the service is to be provided. The invoice is sent by e-mail to the subscriber on the day of issue and is deemed to have been delivered on the following working day. In the event of demonstrably later delivery, the due date is extended by this delay.

8.5. Subscribers who have their residence, registered office or place of business in the territory of the Czech Republic will be charged value added tax (hereinafter „VAT") in addition to the service fee. Subscribers who are non-business natural persons with residence in one of the EU member states and who are not VAT payers will be charged the price for the services including VAT. Subscribers who are entrepreneurs with their registered office or place of business in one of the EU member states will be charged the price for the services excluding VAT. Subscribers who have their residence, place of business or registered office outside the EU member states and are not registered as VAT payers in any of the EU member states will be charged the price for the services excluding VAT.

8.6. The Provider may offer the subscriber a fourteen-day (14-day) free trial period intended for trying out the paid services; this period is counted from the day of the subscriber's first registration for the service. Neither the subscriber nor any other third party acquires any legal claim to this free use of the service, and the Provider reserves the right to unilaterally restrict or stop the provision of this service at any time, including during the fourteen-day (14-day) trial period.

8.7. The Provider may offer the subscriber the possibility of free use of the service under tariffs designated as „Free". However, their scope is limited compared to the paid services. The scope of the services provided under the free tariffs is stated on the website https://www.quanda.com/pricing. Neither the subscriber nor any other third party acquires any legal claim to this free use of the service, and the Provider reserves the right to unilaterally restrict, stop or completely cancel the subscriber's account at any time. In the event that the account is cancelled, the Provider is entitled to delete all data associated with this account.

8.8. In the event that the subscriber is in default with payments of the service fee, the Provider is entitled to restrict or completely suspend the subscriber's access to the service or to restrict or completely suspend the use of the service, until such time as the subscriber remedies the situation, i.e. pays the amount owed in full. This period of interruption is not included in the guaranteed availability period. Suspension or restriction of access to the service or suspension or restriction of the use of the service by the Provider on the basis of the application of this paragraph does not give rise to any claim by the subscriber for a discount or other legal or financial compensation from the Provider.

8.9. In the event that the subscriber's default in paying the service fee exceeds five (5) days, the Provider is entitled to block the subscriber's access to the service. Upon payment of the amount owed, the subscriber's access to the service will be restored. If the subscriber's default in paying the fee exceeds sixty (60) days, the subscriber's account in the service will be cancelled. A cancelled account can only be restored on the basis of a written agreement with the Provider. If the subscriber's default in paying the fee exceeds one hundred and twenty (120) days, the subscriber's account in the service will be irreversibly deleted, including all data forming part of it.

8.10. The subscriber may request the Provider to change the chosen tariff. In the case of an increase in the tariff, the Provider may allow the tariff to be changed within a billing period even multiple times. If the tariff is increased during the billing period, the Provider will charge the subscriber the relevant difference in the tariff price, either on the basis of a separately sent invoice with the given difference or will include this increase in the invoicing in the next billing period. Following this change of tariff, the Provider will adjust the invoiced amount for subsequent billing periods. In the case of a decrease in the tariff, the Provider will change the invoiced amount at the earliest 30 days after the last change of tariff, or, if the existing tariff has been charged for longer than 1 billing period, the invoiced amount will be changed in the billing period following the billing period in which the subscriber requested the tariff decrease. If the tariff is decreased during the billing period, the Provider will settle the relevant difference in the tariff price with the subscriber within the invoicing in the next billing period. Following this change of tariff, the Provider will adjust the invoiced amount for subsequent billing periods.

8.11. Within these Terms of Service, the subscriber also expressly acknowledges and agrees that the Fee is not tied to whether you actually use the Service in the relevant period. The subscriber pays the Fee for being enabled to use the Service.

9. Discount on the service fee

9.1. If the service is not available to the subscriber at least in accordance with the guaranteed availability, the subscriber is entitled to a proportionate refund of the price for the service (hereinafter the „discount"). The discount is calculated in Czech crowns (CZK) as the result of the number of days of unavailability of the service beyond the guaranteed availability, divided by the total number of paid days of the subscriber's billing period, then multiplied by the amount invoiced for that period. That is: (number of days of unavailability beyond the guaranteed availability / paid length of the billing period in days) * amount paid for that period = the subscriber's claim to a discount expressed in Czech crowns.

9.2. The subscriber is obliged to assert the claim to the price discount with the Provider in writing no later than within thirty (30) days from the day on which this claim arose. Failure to assert it, or later assertion, results in the extinction of this claim.

10. Protection of personal data

10.1. Information on the processing and handling of personal data by the provider of the service, in particular the subscriber's personal data and further the personal data of third parties which the subscriber has entered into the service, is contained in the document Privacy Policy, which is available on the service's website. As part of the registration process, the subscriber has confirmed that they have familiarised themselves with the data protection statement.

10.2. The subscriber declares that they have the relevant legal title of the affected persons for the processing and retention of their personal data which the subscriber enters into the service. If this declaration proves to be untrue, the Provider has the right to remove the affected personal data from its system without compensation, and the subscriber is obliged to compensate the Provider for the damage incurred by the Provider as a result of the breach of this obligation.

10.3. If the subscriber uses profiling when subscribing to the services, the subscriber is obliged to have the consent of the data subject, or there must be a legitimate interest of the subscriber for such a method of processing that prevails over the interest of the data subject in the protection of privacy. If the subscriber does not have the consent of the data subject to profiling or another legal title for the processing of personal data by profiling, the subscriber may not process personal data in this manner through the services.

10.4. Upon conclusion of the contract pursuant to Article 3 of the Terms of Service, a contract on the processing of personal data (hereinafter the „processing contract") pursuant to Art. 28(3) of Regulation (EU) 2016/679 of the European Parliament and of the Council 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) (hereinafter the „Regulation") is also concluded between the Provider and the subscriber, which defines the rights and obligations of the contracting parties in the processing of personal data carried out within the provision of the service.

10.5. The Provider, as the data processor, is entitled to process the following personal data of the addressees of marketing services on behalf of the subscriber as the data controller:

• title
• gender
• first name, middle name and surname
• position
• date and place of birth
• date of name day/anniversary
• source of the contact
• name of the referring person
• name of the employer
• e-mail address
• website address
• telephone number
• work address including region and country
• private address including region and country
• system data (information on the handling of the e-mail message and its content)
• answers given by the data subject in questionnaires sent to the data subject
• possibly other personal data set by the subscriber

(hereinafter the „personal data")

10.6. The disclosure takes place by the subscriber importing into the Provider's software the personal data of the addressees of marketing services.

10.7. The Provider processes the personal data solely for the purpose of providing the services under these Terms of Service.

10.8. The subscriber is entitled to extend the purpose of the processing in accordance with the relevant legal regulations, whereby an instruction for further processing may be communicated to the Provider only in writing. For the purposes of the processing contract, e-mail communication of the contracting parties addressed to authorised persons is also considered to be a written form.

10.9. The Provider undertakes to adopt technical, organisational and other measures that will prevent unauthorised or accidental access to the personal data, its alteration, destruction, loss or other unauthorised handling of the personal data. In particular, the Provider undertakes to:

1. use secure access to the PC, whereby the access to the PC will be known only to the Provider;
2. use, for processing, software and services that meet standard requirements for data security and comply with the standards set by the European Union;
3. not create copies of the database without the subscriber's prior consent, unless it is necessary for the provision of the services;
4. use suitable means of security, e.g. encryption or other suitable and necessary means, always depending on the specific action and data;
5. not enable access to the data to third parties except for the persons stated in point 10.17. of the Terms of Service, unless this access is approved in writing by the subscriber or arises from the processing contract;
6. maintain confidentiality regarding the personal data.

10.10. The Provider also undertakes to:

1. process the personal data only in the form in which it was handed over to it by the subscriber;
2. process only the personal data for the purpose defined by this processing contract and only to the extent necessary to fulfil this purpose;
3. not aggregate personal data that was obtained for different purposes.

10.11. Both the Provider and the subscriber undertake to comply, in the processing of personal data on the basis of the contract pursuant to Article 3 of the Terms of Service and the processing contract, with the obligations stipulated by the Regulation and by other generally binding legal regulations relating to this activity.

10.12. The Provider declares that it provides guarantees of the adoption of sufficient technical and organisational measures so that the processing of personal data meets the requirements of the Regulation and the protection of personal data is sufficiently ensured and secured.

10.13. The Provider undertakes, at the subscriber's request, to correct, update, delete or relocate a personal data item in accordance with the subscriber's instruction without undue delay from such a request.

10.14. The Provider undertakes to report to the subscriber breaches of the protection of personal data that arise at the Provider and that may have an impact on the privacy of natural persons, fully in accordance with the Regulation.

10.15. In the event that a request of a data subject pursuant to Article 18 of the Regulation addressed to the Provider is found to be legitimate, the Provider undertakes to remedy the defective state without delay.

10.16. In fulfilling its obligations under the processing contract, the Provider is obliged to proceed with professional care, to follow the subscriber's instructions and to act in accordance with the subscriber's interests. If the Provider finds that the subscriber is breaching its obligations imposed by the Regulation, it is obliged to notify the subscriber of this fact without delay in accordance with Article 28(3)(h) of the Regulation.

10.17. The subscriber acknowledges and agrees that the personal data may be made available to further entities, namely:

applies to all subscribers:

1. the company COEX s.r.o., with its registered office at Pod Hájem 2204/1, Libeň, 180 00 Praha 8, company ID: 27563341;
2. the company Linode, LLC, with its registered office at 329 E. Jimmie Leeds Rd, Ste. A Galloway, NJ 08205;
3. the company NeverBounce, 805 Broadway St., Suite 900, Vancouver, WA, USA 98660;
4. a list of further entities to which the personal data will be made available will be submitted by the Provider at the subscriber's request.

at the same time applies to subscribers who use the Sendgrid service for sending e-mails:

1. the company Sendgrid, with its registered office at 1801 California Street, 1801 California St, Denver, CO 80202;

at the same time applies to subscribers who use the Bird service for sending e-mails:

1. the company MessageBird B.V., Postbus 14674, 1001 LD Amsterdam, The Netherlands

10.18. The processing contract is effective for the term of effectiveness of the contract stated in Article 3 of the Terms of Service; however, its effectiveness will end only after the fulfilment of the Provider's obligations pursuant to Article 10.19. of the Terms of Service.

10.19. In the event of any termination of the processing contract or termination of the processing of personal data, the Provider is obliged to carry out the disposal of the personal data without delay, but no later than within 30 days of the termination of the processing contract, unless the contracting parties agree otherwise. The Provider must carry out the disposal in such a manner as to prevent unauthorised processing of the personal data, in particular so that it:

• adopts such organisational measures as to prevent the processing of the personal data by persons not authorised to do so,
• carries out such technical measures and chooses such a method of disposal that the disposal is complete and irreversible.

10.20. The Provider undertakes to maintain confidentiality regarding the processed personal data, in particular it may not publish, disseminate or pass it on to other persons apart from the persons stated in point 10.17. of the Terms of Service. This obligation of the Provider persists even after the end of the effectiveness of the processing contract.

10.21. The subscriber agrees that the Provider is entitled to engage another processor for the processing of personal data without additional specific express authorisation from the subscriber (hereinafter the „Sub-processor"). The Provider shall inform the subscriber of all Sub-processors that it intends to engage for the processing of personal data and thus give the subscriber the opportunity to raise objections to the engagement of these Sub-processors. If the subscriber does not express their objections to the Sub-processors within three working days, the Provider is entitled to engage this Sub-processor for the processing of personal data. If the Provider engages a Sub-processor to carry out certain processing activities, this Sub-processor must be bound by contract to the same obligations for the protection of personal data as are set out in this processing contract and in the Regulation. If the said Sub-processor fails to fulfil its obligations in the area of data protection, the Provider is liable to the subscriber for the fulfilment of the obligations of the Sub-processor concerned.

10.22. The Provider undertakes to provide the subscriber with all information necessary to demonstrate that the obligations stipulated by this processing contract or the Regulation relating to personal data have been fulfilled, and to allow the subscriber, or a third party bound to confidentiality towards the Provider, to conduct an audit to a reasonable extent. The audit must be announced sufficiently in advance, at least 30 days before it takes place, and must not disproportionately interfere with the Provider's activities. The costs of the audit that do not arise from an unequivocal breach of the Provider's obligations are borne by the subscriber.

10.23. The Provider is further obliged to maintain confidentiality regarding the security measures adopted to secure the protection of personal data, even after the end of the effectiveness of the processing contract.

10.24. The subscriber is obliged to:

1. inform the Provider of the lapse of the legal title for the processing of personal data, or
2. carry out the disposal of the personal data,

if the legal title for the processing of personal data lapses (e.g. the period of validity of the consent expires, the data subject expresses disagreement with the processing on the basis of the provision of Section 7(3) of Act No. 480/2004 Coll., on certain information society services, and the like).

In the event of a breach of this provision, the subscriber is obliged to compensate the Provider for the damage incurred by the Provider as a result of the subscriber's breach of obligation, and the Provider is further entitled to restrict or completely suspend the subscriber's access to the service, until such time as the subscriber remedies the situation. This period of interruption is not included in the guaranteed availability period.

10.25. If the Provider breaches its obligations established by the processing contract or the Regulation as a result of conduct for which it is culpable, it is liable only for damage caused entirely as a result of such conduct.

10.26. The invalidity or unintelligibility of any of the provisions of the processing contract does not affect the validity of the other provisions of the processing contract or the Terms of Service.

10.27. The contracting parties undertake to provide each other with all necessary cooperation and documents to ensure the trouble-free and effective implementation of the processing contract, in particular in the case of dealings with the Office for Personal Data Protection or with other public authorities.

11. Delivery

11.1. The contracting parties have agreed that, for communication between them, an electronic means of communication will be preferred, whereby delivery to the subscriber will be made preferentially to the e-mail address stated in the registration form, and further via the holder of a postal licence to the address stated upon registration. Delivery to the Provider will be made preferentially to the e-mail address stated on its contact web page, or by post to the address stated there. A consignment is deemed to have been delivered on the third (3rd) day after it was sent, unless it is demonstrably delivered earlier.

12. Termination of the contractual relationship

12.1. In the case of paid tariffs, either of the contracting parties may terminate the contract by a written notice of termination, which must be delivered to the other party, whereby this delivery is governed by the Terms of Service. The contractual relationship terminates on the last day of the current billing period in which the notice of termination was delivered to the other party.

12.2. In the case of termination of the contract by the Provider, the notice period may not be shorter than thirty (30) days from the date of delivery of this notice of termination to the other contracting party, whereby this delivery is governed by the Terms of Service.

12.3. In a case where these Terms of Service so provide, or in the case of a serious breach or a repeated less serious breach of these Terms of Service by one of the contracting parties, the other contracting party is entitled to withdraw from the contract with effect upon delivery of the notice of withdrawal to the contracting party that breached the contract.

12.4. In the case of tariffs provided free of charge or during the trial period, either of the contracting parties may terminate the contract at any time and without stating a reason, with effect upon delivery of the notice of withdrawal to the other contracting party.

12.5. The subscriber has the right, within a period of thirty (30) days from the conclusion of the contract, to withdraw from the contract without stating a reason, with effect on the day of delivery of the notice of withdrawal from the contract to the Provider. In such a case, the fee for the service that the subscriber has paid is refunded to the subscriber, reduced by CZK 100 representing a handling fee covering the Provider's costs of refunding the amount.

13. Sending commercial communications

13.1. The e-mail address may be processed for the purpose of inclusion in the database for sending commercial communications. This procedure is permitted by Section 7(3) of Act No. 480/2004 Coll., on information society services, on the basis of the concluded contract, unless you refuse it. These communications may relate only to similar goods or services, and the sending of e-mails can be cancelled at any time in a simple manner, by sending a letter, an e-mail or by clicking on the link in the commercial communication. For this purpose, the e-mail address will be processed by the Provider for the period of use of the service and thereafter for a period of 3 years from its last use.