Contact details of our company:
Delivery address: Duofox Technologies s.r.o., Havlíčkova 233, Místek, Frýdek-Místek, 738 01, Czech Republic
Contact e-mail: email@example.com
1. GENERAL PROVISIONS
- user means person using the mobile application;
- mobile application (or „app“) means the mobile application “peakpoint”;
- our company (or „we“) is company Duofox Technologies s.r.o., with registered office at Havlíčkova 233, Místek, Frýdek-Místek, 738 01, Czech Republic, Registration No.: 07875967, is subject to VAT, registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File No. 77540;
- Civil Code means Act no. 89/2012 Sb., the Civil Code, as amended;
- service means set of the functions of the mobile application designated for the user, eventually other services stated in the mobile application;
- premium services mean paid services that can be bought by a user and which either (i) enable the user to access new functions of the mobile application (hereinafter referred to as “premium account”) or (ii) stop showing pop-up advertisements in the mobile application for that user (hereinafter referred to as “ad-free version”);
- Act on Consumer Protection means Act no. 634/1992 Sb., on Consumer Protection, as amended.
In order to use the mobile application, you need to download it from Google Play or from App Store (depending on operation system of your mobile device) and install it to your mobile device. Note that in order to use the mobile application, you must be connected to the Internet and you must have location services enabled on your mobile device. If you do not enable location services on your mobile device, you will not be able to use the mobile application properly. You are fully responsible for the choice of your Internet service provider; we are not liable for problems with the use of the mobile application caused by bad connection to the Internet. You can uninstall the mobile application in a way determined by operation system of your mobile device. Your user account shall not be deleted when uninstalling the mobile application.
- You can use the mobile application primarily for registering ascents to mountain peaks, inserting content into the mobile application and sharing information about the ascents with other users.
- Using the mobile application is free of charge, with the exception of the provision of premium services. Costs incurred by the use of the Internet or phone calls are paid by yourself.
- Our legal relationship is governed mainly by the following documents:
- any conditions and instructions stipulated in the mobile application;
and in any matters not covered by the contract our reciprocal rights and obligations are governed by the Czech law, mainly by the following legislation:
- Civil Code;
- Act on Consumer Protection (only if you are a consumer).
- In case your residence or your registered office is situated outside of the Czech Republic or if our legal relationship includes any other international element, our relationship is governed by the Czech Law. In case you are a consumer and the legal order of your state of residency provides you with a higher level of consumer protection than the Czech legal order, the higher level of consumer protection applies to you.
2. REGISTRATION AND USER ACCOUNT
- In order to use all functions of the mobile application, you must register in the mobile application. In order to register, you must fulfil necessary information within the registration form, mainly your nickname, e-mail address and choose a password. A user account is created by completing the registration.
- The e-mail address and the password serve as access data to your user account. Keep the access data to the user account in secret. We are not liable for any misuse of the user account by a third party. If your user data change, we recommend you to change the user data in your user account without undue delay.
- Note that each user of the mobile application is allowed to have only one user account. It is prohibited to create more user accounts for one person.
- Through the user account, you can primarily register ascents to mountain peaks, insert content into the mobile application, manage the user account and use other features of the mobile application. Any other features of the user account are always stated in the mobile application.
- If you wish to delete your user account, you can delete it by clicking on a button in your user account settings, or you can contact us, and we will delete it.
3. USE OF THE MOBILE APPLICATION
- Registering an ascent to a mountain peak via the mobile application will be allowed to you once you reach the respective mountain peak. For this reason, the mobile application uses your location data.
- Before you ascend a mountain peak, you are obligated to make sure the mountain is accessible and have accurate information about the local weather, snow and/or wind conditions. We do not guarantee that the mountain you are trying to ascend is accessible.
- You must walk only on marked paths when ascending mountain peaks, unless the local rules state otherwise.
- If the mobile application is unavailable or its use is restricted due to technical issues, contact us and we will do our best to resolve the situation as soon as possible and to your satisfaction.
4. INSERTING CONTENT INTO THE MOBILE APPLICATION
- You cannot insert any content into the mobile application, which:
- harms or is capable of harming our reputation or reputation of third parties;
- contains texts or images which you do not have proper rights to (e.g. copyright), either based on its creation or on a valid license;
- contains contact information or data which can be considered as personal data about third parties, unless it has consented with the publication of such information or data;
- contains virus or other software that is capable of damaging our mobile application or third parties;
- contains advertisement or commercial communications.
- By publishing content via your user account, you grant us with a gratuitous, non-exclusive, transferable and geographically unlimited license for an indefinite period of time to any of the content you published.
- It is your responsibility to ensure that you are a holder of all rights to the published content. If the content captures an image of your person and/or image of a third party, you grant us an explicit consent to spread these images in accordance with above-mentioned license and you declare that you have gained an approval from all persons in the picture. You grant us your consent for an indefinite period. The consent is revocable at any time.
- You cannot insert any content into the mobile application, which:
5. PREMIUM SERVICES
- You can order premium services via your user account in the mobile application. Depending on the premium service you choose (premium account or ad-free version), you gain access to new functions of the mobile application.
- If you purchase the premium service “ad-free version”, pop-up advertisement will not show to you in the mobile application after its purchase.
- The premium service “premium account” works on principle of monthly repeated payments. After the first payment for premium account service by means stipulated in the mobile application you will be asked to authorize the settings of the payment. After that, the payments will then be made automatically and regularly each month in the same amount. If you want to end the payments, please inform us via our contact e-mail or change the settings in your user account. We will confirm the acceptance of your request without undue delay. The next payments will be stopped. If you want to renew your subscription after it was ended, you will need to authorize the settings of the payment again. The activation will be made through your user account within two working days after we receive the first monthly payment at our bank account.
- The premium service “ad-free version” will be activated after paying a one-time payment within two working days after we receive the respective payment at our bank account. The activation will be made through your user account.
If you do not want to give the aforementioned consent, please contact us. In that case the premium services will be provided to you after the lapse of the 14 day withdrawal period after the conclusion of the contract. If you withdraw from the contract which we have already started to fulfil, we are entitled to a proportional part of the agreed price for the premium services provided to you until your withdrawal from the contract, in accordance with Section 1834 of the Civil Code.
- You are entitled to make a warranty claim about provision of the premium services in particular because they: (i) are not provided in accordance with the contract, (ii) do not correspond to the description in the mobile application, (iii) do not last for an agreed period of time, or (iv) are not provided on an agreed date. Please inform us immediately about the defect of the premium services using our contact details, or within six months after provision of the premium services at the latest. If the defect of the premium services consists in them not being activated after you paid the price of the premium services, we will activate them without undue delay. In other cases, the warranty claim will be settled not later than 30 days from the date of the assertion of the warranty claim, unless we agree otherwise. If the warranty claim is justified, you are entitled in particular to a provision of substitute and/or additional service, a discount from the price of the premium services, and in case of a significant violation of the contract by us also to a withdrawal from the contract. Rights from defective performance do not belong to you if you have caused the defect yourself.
6. „CHALLENGES“ MODULE
- If you use the app as a consumer, i.e. as an individual person whose use of the app is not connected to its trade, business or profession, the use of the “Challenges” module is free of charge.
- If you use the app in other way than as a consumer, mainly as an entrepreneur or as a legal entity, the use of the “Challenges” module is subject to a fee. The price list for the use of the “Challenges” module in such cases is stated in the mobile application. You can use the “Challenges” module in such cases to a reasonable extent for propagation of yourself or third persons; you can also refer to websites, mobile apps, business premises or other business activities of yourself or third persons. References to business activities cannot refer to activities which are competitive to our services or our mobile application.
7. OTHER INFORMATIONS FOR CONSUMERS
- We handle any complaints via our contact email or via the mobile application.
- If a contractual dispute arises between you as a consumer and us, that we have not been able to resolve directly, you have the right to submit the dispute to the Czech Trade Inspection Authority (http://www.coi.cz/) or, alternatively, the Czech Consumer Association (http://www.konzument.cz), in order to carry out alternative dispute resolution procedure. You shall exercise the right within 1 year of the date you have asserted the right subjected to the contractual dispute.
If you are dissatisfied with provided services, you can use the Online Dispute Resolution Platform developed by the European Commission (http://ec.europa.eu/consumers/odr/). It is also possible to use the Online Dispute Resolution Platform for the purpose of selecting the alternative dispute resolution bodies which offer out-of-court settlement procedures.
8. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE MOBILE APPLICATION
- The content of the mobile application placed in the mobile application is protected by our copyright and may be protected by other rights of other persons. You are forbidden to modify, copy, reproduce, distribute or use the content of our company, other users or third parties (or other persons different from you) for any purpose without our consent or consent of a holder of the rights. In particular, it is forbidden to make available any photos or texts placed in the mobile application either paid or free of charge.
The names and designations of products, goods, services, firm and company names can be registered trademarks of their respective owners.
- We are not liable for errors originating due to interference of third parties with the mobile application or due to its use contrary to its purpose. While using the mobile application you cannot use any mechanisms, software, scripts or other processes which could have a negative impact on its operation, i.e. mainly interfere with the function of the system or unreasonably burden the system.
If you commit any illegal or unethical act during the use of the mobile application, we are entitled to restrict, suspend or terminate your access to the mobile application without any compensation. In this case, you are obligated to pay us compensation for the damage, which we clearly incurred due to your acts under this paragraph, in full amount.
Note that by clicking on certain links in the mobile application you may exit the mobile application and be redirected to applications or websites of third parties.
Personal data controller:
Duofox Technologies s.r.o., with registered office at Havlíčkova 233, Místek, Frýdek-Místek, 738 01, Czech republic
Registration No: 07875967
is subject to VAT
registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File No. 77540
Contact details of personal data controller:
Delivery address: Duofox Technologies s.r.o., Havlíčkova 233, Místek, Frýdek-Místek, 738 01, Czech Republic
Contact e-mail: firstname.lastname@example.org
Personal data protection is very important to us. Please acquaint with the Policy which contains important information regarding the usage of your personal data, related rights and obligations.
1. GENERAL PROVISIONS
- What governs our relationship when dealing with personal data?
Dealing with personal data is governed by the legal order of the Czech Republic, and directly applicable regulations of European Union, more particularly Regulation (EU) no. 2016/679 of the European Parliament and of the Council of 27 April 2016 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 referred to as the “Regulation“), Act no. 110/2019 Sb., on processing of personal data, and Act no. 480/2004 Sb. on certain legal aspects of information society services, and amendment of a few tax laws, as amended
- What personal data do we collect?
Personal data means any information relating to an identified or identifiable natural person. Personal data is particularly (but not exclusively):
- Identification data, such as the name and surname, registration number, TAX ID, sex, date of birth, username of an account;
- Contact data, such as the address of residence (or address for service), phone number, e-mail address;
- Other data, such as location data, IP address (network identifier) including the type of the device and operating system, duration and number of accesses to the mobile application and corresponding information.
2. COLLECTING AND USING PERSONAL DATA
- How do we collect your personal data?
You provide us with your personal data particularly within registration (or by filling a contact form). Please inform us if there is any change of your personal data.
Some personal data can be collected and saved via cookies during use of the mobile application. You can read more about cookies in the Article 5 of the Policy.
- On which basis and for which purposes do we process your personal data?
- We can collect and process information provided within registration and personal data necessary for providing our services, including premium services (e.g. your location data), without your explicit consent solely for the purpose of performance of the contract, which means for the purpose of permitting you access, administration and management of your user account and providing our services. We can further process the data in order to comply with our other obligations imposed by the law (particularly record-keeping obligations, archiving of invoices etc.) and for the purpose of protection of our legal claims.
- We can collect, and process information provided by filling a contact form without your explicit consent solely for the purpose of concluding and performance of the contract, which means in order to provide you an answer.
- We are entitled to use your e-mail address without your explicit consent for the purpose of sending commercial communications regarding our services similar to those we have provided to you. You can refuse sending of these commercial communications at any time (also during registration or order of premium services).
- After your consent via confirmation in the mobile application, we can process your personal data insert in the mobile application, in particular within registration, in order to send the commercial communications and direct marketing, eventually for additional reasons to which you have explicitly consented. If you are younger than 15 years, it is necessary that your legal representative gives the consent. In case of doubts, we are entitled to ask you for confirmation of your age.
- If we process personal data collected via cookies, we do so on the basis of your consent (which you give us in applicable Settings of your device), on the basis of our legitimate interest or for the purpose of performance of the contract. We use data collected via cookies in particular for the purpose of user support, improving our services including analysis of user's behaviour and marketing.
We will ask for your consent before using data for a purpose other than those that are set out above.
- For how long do we use the data?
We use the personal data insert by filling a contact form or within registration or when ordering premium services solely for the time necessary to fulfil the contract and obligations imposed by the law, respectively for protection of our legal claims.
If you give us explicit consent to process personal data or if we use your e-mail address for commercial communications according to the previous paragraph, the data will be used for the time a mobile application, in which we provide services similar to those we have provided to you, is functioning, eventually for the time stated in the consent.
3. YOUR RIGHTS IN RELATION TO PERSONAL DATA
- Right to withdraw consent
If we process your personal data solely based on your consent (i.e. without any other legal purpose), you can decide to withdraw your consent at any time.
The withdrawal of consent to processing personal data is possible at any time:
- by sending an e-mail to our contact e-mail address;
- by calling to our phone number;
- in writing by letter sent to our delivery address;
- in case of commercial communications – in a way which is indicated in every e-mail containing commercial communications (by clicking on a deregistering link or by another way).
Withdrawal of consent does not affect the legality of personal data processing done before the withdrawal.
- Right of access by the data subject
You have the right to be informed about processing of your data and eventually to access your personal data, in particular to get the following information:
- purpose of processing;
- category of processed personal data;
- recipient or category of recipients to whom the personal data will be accessible;
- time for which will be the personal data saved.
We will provide you with the copy of your personal data at your request. For further copies, we may request a reasonable compensation not exceeding necessary costs for providing the information about processing of your personal data.
- Right to rectification
You have the right to request an imminent rectification of your incorrect or inaccurate data, i.e. rectification of incorrect data or/and complement of inaccurate data.
- Right to object to processing
You have the right to object to processing of your processed personal data at any time, if we process these data for the purpose of direct marketing including any automatic process of your personal data. After the objection, we will stop processing your personal data for these purposes.
- Right to erasure (“right to be forgotten“)
You have the right to request the erasure of your personal data if:
- the personal data are no long needed for purposes for which the data was collected or processed;
- you decided to withdraw the consent with processing;
- you objected to processing of the personal data;
- the personal data were processed illegally.
If there are no legal reasons for the refusal of erasure, we must comply with your request.
- Right to restriction of processing
You have the right to request the restriction of processing of your personal data if:
- the accuracy of the data is contested;
- the processing is illegal, and you request the restriction of personal data instead of erasure;
- we no longer need your personal data for the purpose of processing, but you request these data for determining, execution or protection of your legal rights;
- you object to processing.
When the processing is restricted, we are only entitled to save your personal data; further processing is possible solely with your consent or for legal purposes.
If the processing of personal data is restricted for reason of your objection to processing, the restriction lasts for the time necessary to find, whether we are obliged to comply with the objection.
If the processing of personal data is restricted for reason of accuracy contestation of your personal data, the restriction lasts for the time of verification of the data accuracy.
- Right to data portability
You have the right to collect the personal data you have provided us with, in the structured, commonly used and machine-readable format and to transmit these data to another personal data controller.
- How can you exercise your rights?
You can exercise your rights in relation with personal data via our contact details. You will be provided with all the information and actions without undue delay.
When protecting your personal data, we will accommodate your needs as much as we can. However, if you are not satisfied with the arrangement, you have the right to contact relevant authorities, particularly The Office for Personal Data Protection (in Czech: Úřad pro ochranu osobních údajů; http://www.uoou.cz) which applies supervision of personal data protection. This provision does not affect your right to contact with your incentive directly The Office for Personal Data Protection.
If particularly your residence, the place of work or the place of alleged infringement of personal data protection is located outside the Czech Republic in another state of European Union, you can contact relevant authorities in this member state.
4. USAGE AND PROCESSING OF PERSONAL DATA
- Who processes your personal data?
We are the controller of the personal data in the meaning of the Regulation.
When necessary for performance a contract or to comply with our obligations, we can transfer your personal data to another subject, for example other users of the application, persons involved in the performance of the contract or in compliance with our obligations. We can delegate also other processors and recipients of personal data. At your request, we will inform you about concrete processor of your data.
Your personal data will not be transferred to a state outside of the European Union, unless it is necessary for the performance of the contract or for another reason which is in compliance with rules stipulated by the Regulation.
Your personal data are processed mainly by:
- Duofox Technologies s.r.o.
- Pixelmate s.r.o.
- IP Consulting s.r.o.
- com, Inc.
- Apple Inc.
- Microsoft Corporation
- How do we process personal data?
Personal and other collected data are highly protected against any misuse. Personal data will be processed electronically in an automated manner or printed in a non-automated manner.
5. THE COOKIE FILES
- What are cookies
The cookie files or so called “cookies” are text files, saved in an electronic device of every visitor of the mobile application, which allow an analysis of a manner of using the mobile application.
Not all cookies collect your personal data; some of them only enable correct operation of the mobile application. You can refuse using cookies in applicable Settings of your device.
When refusing cookies, it might happen that you will not be able to fully use all the functions of the mobile application.
- Which cookies the mobile application uses
The mobile application uses relational (temporary) cookies which are automatically erased after leaving the mobile application. Furthermore, it uses permanent cookies, which remain in your device until they expire or you delete it.
The mobile application uses:
- first party cookies – these cookies are assigned to our domain; these are necessary cookies and performance cookies, which we use even before conclusion of the contract for the purpose of performance of the contract, on the basis of our legitimate interests or on the basis of your consent. They can be temporary or permanent.
- session cookies – allow the use of basic functions of the mobile application, these cookies do not collect personal data, i.e. they usually do not identify you;
- analytical cookies – serve for analysis of the way of using mobile application, the data collected by these cookies are usually anonymous;
- third party cookies – these cookies are assigned to the domain other than our domain; these cookies allow us with your consent to especially analyse our mobile application and display an advertisement tailored for you; they can be functional or targeted and advertising;
- functional cookies – serve to personalization of the content via storing of logging data; geolocation etc.; it is possible to collect and process personal data via these cookies;
- targeted and advertising cookies – serve to displaying targeted advertisement in the mobile application; it is possible to collect and process personal data via these cookies. We can share information about how you use our mobile application with our partners in the field of social networks, advertising and analysis.
- Services which operate with cookies
The mobile application uses services provided by Google LLC (hereinafter referred to as “Google“). These services operate with data collected via cookies.
Service of Google Analytics is used to collect statistics about your use of the mobile application. Cookies obtained by this service will expire depending on your settings, at most after 2 years or until they are manually deleted by yourself.
Service of Google Ads is used to identify you within the Google advertising network and re-target your ad (retargeting and remarketing). Cookies obtained by this service will expire depending on your settings, at most after 18 months or until they are manually deleted by yourself.
If you are interested how Google uses data collected by us and how to regulate or prohibit processing, you can find this information by clicking on the following link: How Google uses data when you use websites or apps of our partners.
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