I .Privacy Policy
1.1. By entering personal data, the user confirms that he/she is aware of the privacy policy, that he/she agrees with its wording and that he/she accepts it in its entirety.
1.2 The Provider is the controller of the User’s personal data pursuant to Article 4(7) 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: “GDPR”).
The Provider undertakes to process personal data in accordance with the law, in particular the GDPR. 1.3 Personal data is any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, a network identifier or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 1.4 When placing an order, the personal data required for the successful processing of the order (name and address, contact details) are requested.
The purpose of the processing of personal data is to process the User’s order and to exercise 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 commercial communications and to carry out other marketing activities.
The lawful reason for the processing of personal data is the performance of the contract pursuant to Art.
6 para.
1 lit.
(b) GDPR, the fulfilment of the legal obligation of the controller pursuant to Art.
1 lit.
(c) GDPR and the legitimate interest of the Provider pursuant to Art.
6 para.
1 lit.
(f) GDPR.
The Provider’s legitimate interest is the processing of personal data for direct marketing purposes. 1.5 For the performance of the license agreement, the Provider uses the services of subcontractors, in particular mailing service providers (personal data is stored in 3rd countries) and web hosting providers.
Subcontractors are vetted for the secure processing of personal data.
The Provider and the web hosting subcontractor have entered into a personal data processing contract, according to which the subcontractor is responsible for the proper securing of the physical, hardware and software perimeter and is therefore directly liable to the User for any leakage or breach of personal data. 1.6 The Provider stores the User’s personal data for the period necessary for the exercise of the rights and obligations arising from the contractual relationship between the Provider and the User and the assertion of claims arising out of this contractual relationship (for a period of 15 years from the termination of the contractual relationship).
1.7 The User has the right to request from the Provider access to his personal data pursuant to Art.
15 GDPR, to correct personal data pursuant to Art.
16 GDPR, or to restrict processing pursuant to Art.
18 GDPR.
The user has the right to erasure of personal data pursuant to Art.
17 para.
1 lit.
a), and c) to f) GDPR.
Furthermore, the user has the right to object to processing pursuant to Art.
21 GDPR and the right to data portability pursuant to Art. 20 GDPR. 1.8 The User has the right to file a complaint with the Office for Personal Data Protection if he/she believes that his/her right to personal data protection has been violated. 1.9 The User is not obliged to provide personal data.
However, the provision of personal data is a necessary requirement for the conclusion and performance of the contract and without the provision of personal data the contract cannot be concluded or performed by the Provider. 1.10 There is no automatic individual decision-making by the Provider within the meaning of Art.
22 GDPR. 1.11 Interested in using the Provider’s services by filling in the contact form:
- agrees to the use of his/her personal data for the purpose of electronic sending of commercial notifications, advertising materials, direct sales, market research and direct product offers by the Provider and third parties, but not more often than once a week, and at the same time
- declares that it does not consider the sending of information pursuant to point 1.11.1 to be unsolicited advertising within the meaning of Act No.
č.
40/1995 Coll.
as amended, because the user is sending the information pursuant to point 1.11.1 in conjunction with Section 7 of Act No.
č.
480/2004 Coll.
expressly agrees. - Consent under this paragraph may be revoked by the user at any time in writing to info@vhleurope.com
1.12 The Provider uses the so-called “anonymous data” in its presentation for the purpose of improving the quality of services, personalizing the offer, collecting anonymous data and for analytical purposes.
Cookies.
By using the website, the User agrees to the use of this technology.
II.
Rights and obligations between the controller and the processor (processing contract)
2.1 The Provider is a processor in relation to the personal data of the User’s clients pursuant to Art.
28 GDPR.
2.2 These terms and conditions regulate the mutual rights and obligations in the processing of personal data to which the Provider has gained access in the context of the performance of the license agreement concluded by agreeing to the general terms and conditions for the www.vhleurope.com (hereinafter referred to as the “Licence Agreement”) concluded with the User on the date of setting up a user account. 2.3 The Provider undertakes to process personal data for the User to the extent and for the purpose set out in Art.
2.4 – 2.7 of these Terms and Conditions.
The means of processing shall be automated.
The Provider will collect, store on information carriers, store, block and destroy personal data in the course of processing.
The Provider shall not be entitled to process personal data in contravention of or in excess of the scope set out in these terms and conditions. 2.4 The Provider undertakes to process personal data for the User to the following extent:
- common personal data,
- special categories of data pursuant to Art.
9 GDPR, which the User has obtained in connection with its own business activities.
2.5. The Provider undertakes to process personal data for the Users for the purpose of processing the enquiries and requests of the Clients obtained from the contact form. 2.6. Personal data may only be processed at the Provider’s workplaces or at the workplaces of its subcontractors pursuant to Art.
2 .7 The Provider undertakes to process the personal data of the User’s clients for the User, all for the period necessary for the exercise of the rights and obligations arising from the contractual relationship between the Provider and the User and from the exercise of claims arising from these contractual relationships (for a period of 15 years from the termination of the contractual relationship). 2. 8 The User grants permission with the involvement of a subcontractor as an additional processor pursuant to Article 28 para.
2 GDPR, which is the application hosting provider.
The User further grants the Provider general permission to engage an additional processor to process the personal data, however, the Provider must inform the User in writing of any intended changes regarding the engagement of additional processors or their replacement and provide the User with the opportunity to object to such changes.
The Provider must impose on its subcontractors in their capacity as processors of personal data the same data protection obligations as set out in these Terms and Conditions. 2.9. The Provider undertakes that the processing of personal data will be secured in particular in the following way:
- Personal data is processed in accordance with the law and on the basis of the User’s instructions, i.e. for the performance of all activities necessary for the provision of the web platform.
- The Provider undertakes to ensure the technical and organisational protection of the processed personal data so that unauthorised or accidental access to the data, their alteration, destruction or loss, unauthorised transmission, other unauthorised processing as well as other misuse cannot occur, and that all obligations of the personal data processor arising from the legal regulations are ensured by staff and organisation at all times during the processing of the data.
- The technical and organisational measures taken shall be appropriate to the level of risk.
They shall ensure the continued confidentiality, integrity, availability and resilience of the systems and processing services, and shall restore the availability of and access to personal data in a timely manner in the event of physical or technical incidents. - The Provider hereby declares that the protection of personal data is subject to the Provider’s internal security regulations.
- Only authorized persons of the Provider and subcontractors pursuant to Art.
2.8 of these Terms and Conditions, who will have the conditions and scope of data processing set by the Provider and each such person will access the Personal Data under his or her unique identifier. - Authorized persons of the Provider who process personal data according to these Terms and Conditions are obliged to maintain confidentiality of personal data and security measures, the disclosure of which would jeopardize their security.
The Provider shall ensure their demonstrable commitment to this obligation.
The Provider shall ensure that this obligation for both the Provider and the beneficiaries continues after the termination of the employment or other relationship with the Provider. - The Provider shall assist the User through appropriate technical and organisational measures, as far as possible, to comply with the User’s obligation to respond to requests for the exercise of the data subject’s rights set out in the GDPR; as well as in ensuring compliance with the obligations under Art.
32 to 36 GDPR, taking into account the nature of the processing and the information available to the Provider. - Upon termination of the provision of the processing service pursuant to Art.
2.7 of these Terms and Conditions, the Provider is obliged to delete all personal data or return them to the User, unless the Provider is obliged to store the personal data on the basis of a special law. - The Provider shall provide the User with all information necessary to demonstrate that the obligations under this Agreement and the GDPR have been met, to enable audits, including inspections, to be carried out by the User or by another auditor appointed by the User.
2.10 The User undertakes to report without delay all facts known to him that could adversely affect the proper and timely performance of the obligations under these Terms and to provide the Provider with the necessary assistance for the performance of these Terms.
III.
Final Provisions
3.1 These Terms and Conditions shall expire on the expiry of the period specified in Art.
1.6 and Art.
3.2 The User agrees to these terms and conditions by ticking the consent box via the online form.
By ticking the consent box, the User indicates that he/she has read these terms and conditions, that he/she agrees to them and that he/she accepts them in their entirety. 3.3 The Provider is entitled to change these terms and conditions.
The Provider is obliged to publish the new version of the Terms and Conditions on its website without undue delay, or, where applicable, on the website of the User.
send the new version to the User’s e-mail address. 3.4 Contact details of the Provider in matters relating to these Terms: +421 908 260 777, info@vhleurope.com3.5 Relationships not expressly governed by these terms and conditions are governed by the GDPR and the law of the Slovak Republic, in particular Act No. 89/2012 Coll., Civil Code, as amended. These terms and conditions come into force on 01.01.2023.