1. Personal data protection
1.1 By registering in the PinCity application, the user confirms that he/she is aware of these privacy terms and conditions and accepts them in their entirety.
1.2 The Provider is the data 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 When registering, the following personal data is required for successful registration: name and surname and email contact. The purpose of the processing of personal data is the processing of registration, commenting on projects, setting up civic projects and any communication related to the civic project.
In the event that the project description fulfils the characteristics of a work of authorship according to Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts (Copyright Act), as amended, the submitter of the project grants the City of Prostějov unlimited rights to all currently known uses of the work.
He also agrees to publicly promote his submitted project in the information media of the City of Prostějov and on the PinCity web platform.
1.4 When registering, the user has the option to give consent to receive commercial communications in the form of an opt-in. In this case:
1.4.1 agrees to the use of his/her personal data also for the purpose of electronic sending of commercial communications by the Provider, but not more often than once a week.
1.4.2 The User may revoke the consent under this paragraph at any time in writing to [email protected]
1.5 The Provider uses the services of subcontractors for the performance of the license agreement. Personal data may be stored in third countries. Subcontractors are screened for the secure processing of personal data. The Provider has concluded a contract with the subcontractors for the processing of personal data.
1.6 The Provider stores the User's personal data for the period necessary to exercise the rights and obligations arising from the contractual relationship between the Provider and the User and to assert claims arising from this contractual relationship (for a period of 15 years from the termination of the contractual relationship). Upon expiry of this period, the data will be deleted.
1.7 The User has the right to request from the Provider access to his/her personal data pursuant to Article 15 GDPR, rectification of personal data pursuant to Article 16 GDPR, or restriction of processing pursuant to Article 18 GDPR. The User has the right to erasure of personal data pursuant to Article 17(1)(a), and (c) to (f) GDPR. Furthermore, the user has the right to object to processing pursuant to Article 21 GDPR and the right to data portability pursuant to Article 20 GDPR.
1.8 The user has the right to lodge a complaint with the Data Protection Authority if he/she believes that his/her right to data protection has been violated.
1.9 The User is under no obligation 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 The Provider does not make automatic individual decisions within the meaning of No. 22 GDPR.
2. Rights and obligations between the controller and the processor (processing agreement)
2.1 The Provider is the processor in relation to the personal data of the User's clients in accordance with Article 28 GDPR. The User is the controller of this data.
2.2 The Provider undertakes to process personal data for the User to the extent and for the purposes set out in Articles 2.3 - 2.5 of these Terms and Conditions. The means of processing will be automated. The Provider shall not be entitled to process personal data contrary to or in excess of the scope set out in these Terms and Conditions.
2.3 The Provider undertakes to process on behalf of the User the ordinary personal data of the User's clients, which the User has obtained in connection with its own business activities, for the purpose of providing the PinCity Platform by way of a license agreement.
2.4 Personal data may only be processed at the Provider's or its subcontractors' workplaces, as referred to in Articles 2.6 - 2.7 of these Terms and Conditions, in the territory of the European Union.
2.5 The Provider undertakes to process the personal data of the User's clients for the User, all for the time necessary to exercise 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.
2.6 The User grants permission with the involvement of a subcontractor as an additional processor pursuant to Article 28(2) GDPR. The Provider must impose on its subcontractors in the capacity of data processor the same data protection obligations as set out in these Terms and Conditions.
2.7 The Provider undertakes that the processing of personal data shall be secured in accordance with Article 32 GDPR.
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2.8 The User undertakes to promptly report all facts known to him/her that could adversely affect the proper and timely performance of the obligations arising from these Terms and Conditions and to provide the Provider with the cooperation necessary for the performance of these Terms and Conditions.
3. Final Provisions
3.1 These Conditions shall expire on the expiry of the period specified in Clause 1.6 and Clause 2.5 of these Conditions.
3.2 The User agrees to these Terms 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 send the new version to the User's e-mail address.
3.4 Contact details of the Provider in matters related to these Terms: [email protected]
3.5 Relationships not expressly regulated by these Terms and Conditions are governed by the GDPR and the law of the Czech Republic, in particular Act No. 89/2012 Coll., Civil Code, as amended.
These terms and conditions shall come into force on 1 March 2020.