General Business Terms and Conditions of the company
I. Definitions and Introductory Provisions
- The operator of the portal www.kidsmonitor.io and the application KidsMonitor.io as well as the provider of services available on the portal or in the application means the companyKidsMonitor.io, a.s., with registered office Vojtecha Tvrdého 790/13, 010 02 Žilina, company ID No.: 51 105 560, registered in the Register of Companies maintained by the District Court Žilina, section: Sa, file No.: 10930/L, tax ID No.: 2120604255, VAT ID No.: SK 2120604255. Contact correspondence address: Vojtecha Tvrdého 790/13, 010 02 Žilina, email address: email@example.com, tel. contact: 00421 41 270 5661 (hereinafter referred to in the text as the “Operator” or also as the “Provider”).
- The user of the portal www.kidsmonitor.io or the application KidsMonitor.io means any natural individual or legal entity that enters the portal of the Operator or uses the application KidsMonitor.io or services provided by the Operator on the portal or in the application (hereinafter referred to in the text as the “User”).
- The portal means the website www.kidsmonitor.io operated by the Operator, containing information about functionalities of the application KidsMonitor.io, allowing the registration of the User and creation of User’s account, by means of which devices in which the application KidsMonitor.io was installed can be managed (hereinafter referred to in the text as the “Portal”).
- The application means the application KidsMonitor.io operated by the Operator, the task of which is to manage activities made on devices of third parties and to monitor devices of third parties. It is intended primarily for parents, it allows parents to control the usage of devices by their children, it allows the protection of children from inappropriate content on the Internet or it allows monitoring of devices of their children. Individual functions of the application are available for the User within User’s account (hereinafter referred to in the text as the “Application”).
- User’s account means the account created in the process of registration containing data of the User, by means of which the User manages devices in which the application KidsMonitor.io was installed (hereinafter referred to in the text as the “User’s Account”).
- Terms and conditions mean these general terms and conditions of the Operator, laying down rights and obligations between the Operator and the User when the User accesses the Portal or uses the Application or services available by means of the Portal or the Application (hereinafter referred to in the text as the “Terms and Conditions”).
- Services of the Application can be used by the User only after the registration of the User on the Portal or in the Application and purchase of licence for using the Application.
- The competent authority controlling services governed by these Terms and Conditions and related with them is the Slovak Trade Inspection, Inspectorate of the Slovak Trade Inspection for Žilina Region [Slovenská obchodná inšpekcia, Inšpektorát SOI pre Žilinský kraj], Predmestská 71, P. O. BOX B-89, 011 79 Žilina 1, tel. No. 041/763 21 30, 041/724 58 68, fax No. 041/763 21 39.
- The User expresses his consent with these Terms and Conditions by using the Application or other services provided by the Operator.
II. Granting Consent to Use the Application
- The Operator possesses exclusive licence unlimited in time and scope for the Application granted in compliance with the Act No. 185/2015 Coll. the Copyright Act as amended. The operator is authorised to grant consent to use the Application to third parties.
- The Operator grants under these Terms and Conditions to the User the non-exclusive licence unlimited in space, lasting for the prepaid period for using the Application according to the pricelist of the Application. Granting the consent to use the Application represents the provision of service the subject of which is making the Application available for the User including its functionalities prepaid by the User according to the pricelist of the Application. The consent to use the Application is granted for charge; the remuneration for using the Application during the prepaid period is stipulated in the pricelist.
III. Basic Conditions for Using the Application
- The User shall not use the Application contrary to these Terms and Conditions.
- The User shall not interfere with the Application or change it in any way. Any other reproductions or modifications of the Application are forbidden.
- The User shall during using of services of the Portal or the Application comply with these Terms and Conditions, all generally binding legal regulations of the Slovak Republic and of the state in which the User currently is.
- The User acknowledges that the Application is intended for management and control of third devices by means of the User’s Account. The User represents that he is authorised to perform the management and monitoring of devices in which the Application was installed. The User shall be fully liable for the correctness of representation given in the previous sentence of this paragraph and shall be liable for any damage or harm caused to third parties in relation to incorrectness or incompleteness of the said representation.
- Protection of privacy of Users is very important for the Operator. Specific rights and obligations pertaining to the protection of privacy are laid down in article VII of these Terms and Conditions.
- With regard to the nature of the provision of services, the User agrees with electronic sending of documents to the email address specified during the registration.
IV. Registration of the User, Safety of the User’s Account and Cancellation of the User’s Account
- Using of the Application is subject to registration. The User shall be entitled to create his own account on the Portal or in the Application. Maximum of 50 devices can be managed and monitored by means of one User’s Account.
- The User is asked in the process of registration to enter the following registration data: name, surname, address, email, password. The User shall during the registration enter only data corresponding with reality and to update these data in case of their change. Data of the User specified in his profile can be amended at any time by means of the section named change of data.
- The User logs in his User’s Account by means of email and password chosen during the registration or amended during the usage of the account.
- The User shall keep his access data to the User’s Account confidential and shall act so as the prevent the abuse of the User’s Account by any third party. In case the User suspects unauthorised use of the User’s Account, the User shall immediately inform the Operator accordingly.
- The User hereby acknowledges that he shall be liable for activities performed by means of his User’s Account. The Operator shall not be liable for any damage caused by the abuse of the User’s Account due to the breach of these Terms and Conditions by the User.
- The User shall be entitled to cancel his User’s Account at any time without giving any reason.
- The Operator shall be in case of suspicion of abuse of the User’s Account or in case of loss of password to the User’s Account authorised to temporarily restrict access of the User to his User’s Account.
- The Operator hereby informs the User that in case of breach of these Terms and Conditions by the User the Operator shall be entitled to cancel his User’s Account as well as to prevent his another registration.
- The Operator reserves the right to refuse or limit the User the use of the Application, access to his User’s Account due to the breach of these Terms and Conditions.
V. General Rules for User’s Behaviour
- The User shall behave so as not to violate any generally binding legal regulations of the Slovak Republic as well as generally binding legal regulations of the state in which the respective User currently is.
- The User shall not be authorised, without the previous written consent of the Operator, to copy, modify, and distribute the content of the Portal or the Application or dispose of it in any other way with the purpose of its commercial utilisation.
- The User shall not be authorised to use services of the Portal or Application for any purpose contrary to any generally binding legal regulation or these Terms and Conditions. The User shall not use services of the Portal or Application in a way that could damage, disable, overload or worsen the functioning of the Portal or Application or interfere with the use of the Portal or Application or services provided by other persons within the Portal or Application. The User shall not obtain in any way or attempt to obtain any materials or information related to services of the Portal or Application, which are not (were not) publicly available or provided by means of the Portal or Application.
VI. General Conditions for Concluding a Distance Contract
- Pursuant to Section 2(8) of the Act No. 102/2014 Coll. on consumer protection in case of sale of goods or provision of services under a distance contract or off-premises contract, amending and supplementing certain laws as amended (hereinafter referred to in the text as “Act on Consumer Protection in Case of Distance Service Provision”) the Use of the Application falls under the electronic content pursuant to the Act on Consumer Protection in Case of Distance Service Provision.
- The User expresses consent with the start of provision of the electronic content otherwise than on material carried, i.e. with the use of the Application even before the end of period for withdrawal from the contract (14 days from the date of start of using the Application). Pursuant to Section 7(6l) of the Act on Consumer Protection in Case of Distance Service Provision, the User looses the right to withdraw from the contract by granting this consent. The User hereby represents that he was instructed about the fact that he looses the right to withdraw from the contract by granting the consent with the start of use of the Application before the end of the period for withdrawal.
- The Operator assumes the liability for defects of services provided by means of the Application. The User can read the complaint policy here.
- If the User submits his claims arising from the liability for defects of the provided service of the Operator (the complaint), the User shall contact the Operator in writing or at the email address firstname.lastname@example.org .
- If the User in the position of the consumer is not satisfied with the way the Operator handled his complaint, or thinks that the Operator violated his rights, he can address the Operator with the request for remedy by email to email@example.com. If the Operator refuses the request for remedy or if the Operator fails to reply to the request for remedy within 30 days from the sending date, the User shall have the right to address with the aim of protection of his consumer rights the subject of alternative dispute resolution in compliance with the Act No. 391/2015 Coll.on alternative consumer dispute resolution, amending and supplementing certain laws as amended. The User – consumer cooperates during the alternative dispute resolution with the subject of alternative dispute resolution in the interest of expedient dispute resolution. The motion for the start of alternative dispute resolution can be filed in a way specified under Section 12 of the said Act. The subject of alternative dispute resolution is the Slovak Trade Inspection “Slovenská obchodná inšpekcia, Prievozská 32, P.O. Box 5, 820 07 Bratislava 27”, or other competent authorised legal entity registered in the list of subjects of alternative dispute resolution maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk). The User, who is the consumer, shall be entitled to choose the subject of alternative consumer dispute resolution to which he turns. In case of cross-border dispute the User – consumer shall have the right to turn to the European Consumer Centre, which will provide him the address for correspondence, electronic address or telephone contact of the subject of alternative dispute resolutions, which is competent for the resolution of his dispute.
- In compliance with article 14 of the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013. on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the User who is the consumer shall have the right to exercise his rights and submit his claims arising from the contractual relationship (purchase contract or online services contract) with the Operator by way of the alternative online dispute resolution. The online dispute resolution is provided by the platform operated by the European Commission. The User who is the consumer shall be entitled to use the ODR platform for the resolution of dispute in language he chooses. The ODR platform is available online at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
- The alternative dispute resolution can be used only the User who is natural individual and who does not act in the conclusion and performance of the consumer contract within its business activity, employment or occupation. The alternative dispute resolution applies only to the dispute between the consumer and the seller arising from the consumer contract or related to the consumer contract.
VII. User’s Privacy and Personal Data Protection
- The Operator processes data of the User for the purpose of providing services to the User. Data specified by the user during the registration – name and surname, address, email address, IP address, as well as data entered by the User during the service provision related to the subject of service performance (e.g. telephone number, payment data of the User) will be processed in the necessary extent for the purpose of provision of services to the User. The User hereby represents that provided data are true and were given voluntarily.
- If the User expressed his consent with the processing of personal data for marketing purposes, the Operator processes personal data in scope name and surname, address, email address for the purpose of direct marketing of products and services provided by the Operator or third parties, in form of sending documents in electronic form, call form, SMS messages, by contacting the User by the Operator or by third parties, to which the Operator provides personal data of the User under contractual relationships for the purpose of direct marketing of products and services provided by a third party. The User hereby represents that provided data are true and were given voluntarily. The consent with personal data processing given under this paragraph shall last for the term of the contractual relationship with the Operator. This consent with personal data processing for marketing purposes can be withdrawn at any time by sending the request to the address of registered office of the Operator or by email to firstname.lastname@example.org.
- The User hereby expresses in compliance with Section 62(2) of the Act No. 351/2011 Coll. on electronic communication as amended (hereinafter referred to only as the “Act on Electronic Communication”) consent with call, with sending of email and SMS messages to contact addresses the User specified during the registration on the Portal. Call, email or SMS message pursuant to the previous sentence can have the nature of news about services of the Operator or advertising nature. Disagreement with calls and with sending such emails or SMS messages can be notified by the User to the Operator at any time by sending an email to the address email@example.com, or in the case of email by simple unsubscribing in any delivered email message by clicking on the link “Unsubscribe from newsletter”.
- The Operator shall not be liable for any abuse of data published on the Portal or in the Application published by the User, as such data will thus become publicly available.
- The User as the concerned person shall be entitled to request on the grounds of written request information about personal data pertaining to his person pursuant to Section 28 of the Act on Personal Data Protection as follows. The User shall be entitled to request from the Operator on the grounds of written request:
- confirmation whether personal data about his person are processed or not;
- in generally comprehensible form information about personal data processing in the information system in scope pursuant to Section 15(1 a to e) second to sixth point of the Act on Personal Data Protection; upon the issue of statement pursuant to Section 28(5) of the Act on Personal Data Protection the User shall be entitled to be informed about the procedure of processing and evaluation of operations;
- in generally comprehensible form exact information about the source from which the Operator obtained his personal data for processing;
- in generally comprehensible form the list of User’s personal data that are subject to processing;
- correction or liquidation of User’s incorrect, incomplete or out of date personal data that are subject to processing;
- liquidation of User’s personal data, the purpose of processing of which expired; if official documents containing personal data are subject to processing he can request their return;
- liquidation of User’s personal data that are subject to processing if the Act on Personal Data Protection was violated;
- blocking of User’s personal data due to withdrawal of consent prior to the end of its validity, if the Operator processes personal data on the grounds of User’s consent.
Rights of the User under the Act on Personal Data Protection can be restricted only if such restriction arises from special legal regulation or if its application would violate the protection of the User, or if rights and freedoms of others would be violated. The User shall have the right to object to the Operator by way of written request:
- the processing of User’s personal data, about which he assumes that they are or will be processed for direct marketing purposes without his consent, and request their liquidation;
- use or provision of personal data specified under Section 10(3d) of the Act on Personal Data Protection for the purposes of direct marketing in mail correspondence.
The User has the right, by way of written request or personally if the matter is urgent, to object to the Operator at any time the personal data processing in cases under Section 10(3a, e, f or g) of the Act on Personal Data Protection by expressing justified reasons or submitting evidence of unauthorised interference with his rights and right-protected interests, which are or can be in a particular case harmed by such personal data processing; if there are no legal obstacles to it and it is proved that the objection of the User is justified, the Operator shall block personal data the processing of which was objected by the User without unnecessary delay and liquidate them as soon as circumstances allow it.
The User has the right, by way of written request or personally if the matter is urgent, to object to the Operator at any time and not to subject himself to the decision of the Operator, which would have legal effects or significant impact on the User, if such decision is made solely on the grounds of acts of automated processing of User’s personal data. The User shall have the right to ask the Operator to review the issued decision by method other than the automated form of processing, whereas the Operator shall comply with the request of the User so that the decisive role in the decision review has the User; the Operator shall inform the User about the method of review and result of findings within the period of time stipulated under Section 29(3) of the Act on Personal Data Protection. The User shall not have this right only in case special regulation, which lays down measures for the provision of justified interests of the User, stipulates so, or if the Operator made a decision as part of pre-contractual relationships or during the term of contractual relationships, with which the Operator complied with the request of the User, or if the Operator took other reasonable measures under the contract to ensure justified interests of the User.
If the User exercises his right:
- in writing and the content of his request implies that he exercises his right, the request shall be deemed served under the Act on Personal Data Protection; request submitted via electronic mail or fax shall be delivered by the User in writing not later than within three days from the date of sending,
- personally in verbal form on record in minutes, which must make it clear who exercised the right, what he seeks and who made the minutes, his signature and signature of the User; the Operator shall give the copy of the minutes to the User,
- at the intermediary, and the intermediary shall forward the minutes to the Operator immediately.
In case the User suspects that his personal data are processed without authorisation, he can file a motion to the Office for Personal Data Protection of the Slovak Republic to start proceedings about the personal data protection. In case the User does not have full legal capacity, his rights can be exercised by his legal representative. If the User is deceased, his rights he had under the Act on Personal Data Protection can be exercised by close person.
- The Operator collects on its servers some other information of technical nature, such as used operation system, server requirement time, cookies, which do not enable identification of an individual. Cookie files mean small data units stored by the browser on hard disk of User’s computer. Rules for using cookies are available here.
VIII. Final Provisions
- These Terms and Conditions come into force and effect on the date of publication.
- As long as the User is in the position of consumer under relevant legal regulations, legal relationships not governed by these Terms and Conditions shall be governed by provisions of the Civil Code and respective provisions of legal regulations aimed at the consumer protection. If the respective User cannot be considered as having the position of consumer, relevant provisions of the Commercial Code shall be applied to matters not governed by these Terms and Conditions.
- The Operator shall have the right to modify or modernize services without any previous notice to Users as well as without their consent. Such modification, however, shall not constitute the violation of rights of Users.
- The Operator shall be entitled to change the wording of these Terms and Conditions as long as such changes are required by the change of legal regulations, change of the offer of services or their nature, or technical possibilities of the Operator.
- The Operator shall inform the User about any planned change of Terms and Conditions 14 days in advance. If the User disagrees with the proposed change, the User can during said 14 days decide to end his activity on the Portal or in the Application and delete his User’s Account. Currently valid and effective wording of Terms and Conditions is always published on the Portal or in the Application.
- If any provisions of these Terms and Conditions are found partially or fully invalid or ineffective, it shall be without prejudice to the validity and effect of other provisions of these Terms and Conditions. Legal provision, which is as close to the meaning and purpose of such invalid provisions of these Terms and Conditions, if legally possible, shall be used instead of such invalid or ineffective provisions. Similar procedure shall be used in case any of provisions of these Terms and Conditions is found to be unenforceable.
- Any irregularities and disputes arising in relation to these Terms and Conditions shall be settled primarily by mutual agreement. However, if such mutual agreement cannot be reached, all disputes shall be settled with final validity by the competent court in the Slovak Republic determined according to procedural rules applicable in the Slovak Republic.
Žilina, date 19.04.2018