Mediaboard General Terms and Conditions

This document contains the GTC of Mediaboard s.r.o. applications.

Copyright to this document is owned by the submitter, i.e. the company Mediaboard s.r.o. The document may be used only for the purposes for which it was written, i.e. for the evaluation of the tender. The recipient of the document is not entitled to publish the content of the document or any part thereof in the public media, including the Internet, nor to transmit it to any third parties not involved in the evaluation of the tender.

Provider

Company: Mediaboard s.r.o. Registration in the Commercial Register.
Registered office: Nádražní 762/32, 150 00 Praha 5,
Contact address for written communication:
Poštovní adresa, s.r.o. with registered office at Nádražní 762/32, 150 00 Praha 5,
E-mail: info@mediaboard.com, hereinafter referred to as “Provider” or “Administrator“.

The Purchaser of a License to use the Application is a natural or legal person to whom the Provider grants a License to use the Application on the basis of a concluded Agreement or completed Registration pursuant to these General Terms and Conditions (hereinafter referred to as GTC), hereinafter referred to as the “Purchaser”.

1. Introductory provision

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) govern the parties’ mutual rights and obligations under the individual business cases for the provision of the Application License (hereinafter in the GTC the provision of the Application License is abbreviated as the provision of the Application) to the Purchaser, unless otherwise expressly provided for between the Parties in a written Agreement. For the purposes of these GTC, “Contract” means the Purchaser’s written order confirmed by the Provider. The Provider is also entitled to confirm the order by e-mail or telephone. These GTC supersede all other oral and written statements and agreements of the parties regarding a single business case made or concluded before the date of signing these GTC, except for the Contract itself.

2. Terms of use

2.1. The Acquirer is not authorized to provide, in whole or in part, any rights constituting part of the License to a third party, nor to otherwise allow a third party to use the Application. In case of violation of this provision, a contractual penalty in the amount of the monthly fee for each detected violation and for each commenced month of the violation’s duration is agreed upon. In the event of a violation of this provision, which the Acquirer does not rectify even after prior notice from the Provider, the Provider is authorized to limit or exclude further access of the Acquirer to the data accessible within the Application and to immediately withdraw from this contract. The Provider is further authorized to prevent further unauthorized distribution of data and to rectify the detected faulty condition by all available means, for which the Acquirer shall provide all necessary cooperation.

2.2. The Acquirer is authorized to use the Application exclusively for its own needs. The Acquirer is obliged to ensure that there is no leakage, disclosure, or unauthorized dissemination of data obtained from the Application by him, his employees, or other persons.

2.3. The Acquirer has the right to access the data provided to him via the Application according to the Terms and Conditions only for the duration of the access validity.

2.4. The Acquirer acknowledges that the information is obtained through the Application from publicly available sources or from third parties, and the Provider therefore does not guarantee their accuracy or correctness, especially in the case where a third party does not provide the information or provides incorrect information. The Provider bears no responsibility for any damages caused to the Acquirer by using the Application or as a result of using the data obtained through the Application.

2.5. The Acquirer acknowledges that the data made available by the Application may be and are subject to copyright, personality rights, or other rights of third parties and bears full responsibility for their further use or dissemination.

2.6. The Provider is not liable for damages caused to the Acquirer or to third parties due to defects in the Application or the data made available by the Application.

3. Delivery

3.1. Collected Information

We use the gathered information in various ways to ensure our services and manage our company and business, including the following:

4. Mediaboard

4.1. The Application provides the Acquirer with the ability to monitor and search for information based on specified keywords in monitored print, online, and audiovisual media.

4.2. The list of currently monitored sources is available on the website www.mediaboard.com. This list can be continuously updated by the Provider, particularly by adding newly monitored sources or exceptionally by limiting sources that will no longer be open in the future (e.g., due to the charging of their content or technical measures by the originator of the information), or as a result of concluding a new contract, changing a contract, or the termination of a contract between the Provider and the originator of the information. Changes according to this paragraph do not affect the agreed fee for the use of the application.

4.3. In exceptional cases, the Provider is authorized to limit or exclude the Acquirer’s right to use specific information made available through the Application, especially if it subsequently becomes apparent that further use would lead to the violation of third-party rights.

5. Personal information

5.1. Personal data refers to all information about an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

5.2. The Provider processes personal data that you have provided or personal data that the administrator has obtained as a result of fulfilling your registration.

5.3. The Provider processes your identification and contact details and data necessary for the fulfillment of the contract or delivery.

5.4. The lawful basis for processing personal data is:

fulfillment of the contract between you and the administrator according to Art. 6(1)(b) GDPR,

the legitimate interest of the administrator in providing direct marketing (especially for sending commercial communications and newsletters) according to Art. 6(1)(f) GDPR,

your consent to processing for the purposes of providing direct marketing (especially for sending commercial communications and newsletters) according to Art. 6(1)(a) GDPR in connection with § 7(2) of Act No. 480/2004 Coll., on certain information society services, in case no goods or services have been ordered.

5.5. The purpose of processing personal data is:

• handling your order, establishing registration, and performing rights and obligations arising from the contractual relationship between you and the administrator; personal data required for successful order processing (name and address, contact) are required, the provision of personal data is a necessary requirement for concluding and fulfilling the contract, without the provision of personal data it is not possible to conclude the contract or fulfill it by the administrator,
• sending commercial communications and conducting other marketing activities.

5.6. There is no automatic individual decision-making by the administrator as defined in Art. 22 GDPR.

5.7. The administrator stores personal data:

• for the period necessary to exercise rights and obligations arising from the contractual relationship between you and the administrator and to assert claims from these contractual relationships (for 15 years after the termination of the contractual relationship).
• for the period until consent to the processing of personal data for marketing purposes is revoked, not longer than 8 years if personal data are processed based on consent.

5.8. After the period of data retention, the administrator will delete the personal data.

5.9. Recipients of personal data may be persons involved in the delivery of SW/services/execution of payments based on the contract,

• ensuring services for operating the Application and other services related to the operation of the Application,
• providing marketing services.

5.10. The User grants permission for the involvement of a subcontractor as another processor according to Art. 28(2) GDPR, which is the application hosting provider. The User also grants the Provider general permission to involve another processor of personal data, but the Provider must inform the user in writing of all planned changes concerning the acceptance of additional processors or their replacement and give the user the opportunity to object to these changes. The Provider must impose the same obligations on its subcontractors in the position of personal data processors as are set out in these conditions.

5.11. Under the conditions set out in the GDPR, you have:

• the right to access your personal data according to Art. 15 GDPR,
• the right to rectify personal data according to Art. 16 GDPR, or restrict processing according to Art. 18 GDPR,
• the right to erase personal data according to Art. 17 GDPR,
• the right to object to processing according to Art. 21 GDPR, and
• the right to data portability according to Art. 20 GDPR.
• the right to withdraw consent to processing in writing or electronically to the address or email of the administrator stated in these terms.

5.12. The Provider commits to ensuring that the processing of personal data will be secured particularly in the following ways:

5.12.1. Personal data is processed in accordance with legal regulations and based on the User’s instructions, i.e., for the performance of all activities necessary for providing the Application.

5.12.2. The Provider commits to technically and organizationally securing the processed personal data so that unauthorized or accidental access, alteration, destruction, or loss of data, unauthorized transfers, other unauthorized processing, or misuse cannot occur and to ensure all the obligations of the personal data processor are continuously secured both personally and organizationally throughout the data processing period, as required by legal regulations.

5.12.3. The technical and organizational measures adopted correspond to the level of risk. Through them, the Provider ensures constant confidentiality, integrity, availability, and resilience of the processing systems and services, and timely restores the availability of personal data and access to them in the event of physical or technical incidents.

5.12.4. The Provider hereby declares that the protection of personal.

6. Final provisions

6.1. These Terms and Conditions lose their validity on the day the later Terms and Conditions come into effect.

6.2. If any provision of the Terms and Conditions or the Contract is declared invalid, the remaining provisions remain valid if they can be separated. The contractual parties undertake to replace the affected provision with a valid one of similar content.

6.3. By sending the registration from the online order form, you confirm that you are familiar with the personal data protection conditions and accept them in their entirety.

6.4. You agree to these terms by checking the consent box through the online form. By checking the consent, you confirm that you are familiar with the personal data protection conditions and accept them in their entirety.

6.5. The administrator is authorized to change these conditions. A new version of the personal data protection conditions will be published on its websites.

6.6. These Terms and Conditions come into effect on May 24, 2018.