Privacy & cookies

11.1  The Provider as the data controller shall collect User’s personal data on the Website containing the User’s name and e-mail.

11.2  User’s personal data as per par. 11.1 above shall be processed by the Provider for the purpose of:

• Allowing a free-of-charge access to a limited number of Works to the User who registered on the Website for such purpose; and
• Sending any marketing materials and/ or reports about up-to-date information related to and with respect to the Application and/ or the Works and/ or the Website and/ or related activities and/ or any other activities of the Provider.

11.3  The personal data processed by the Provider as per par. 11.2 above of this Article shall not be published by the Provider, including through the Website or through the Application. Such personal data shall not be transmitted by the Provider to any third countries or provided and/ or disclosed to any third parties.

11.4  Identification data of the Provider as the data controller: KOMUNIKÁCIA s.r.o., having its registered office at Šulekova 1185/23, 811 03 Bratislava, Slovak Republic, Reg. No. (IČO): 35 950 811, registered in the Commercial Register of the District Court Bratislava I, Section: Sro, Insertion no.: 37237/B.

11.5  Data controller’s contact data: telephone: +421 903 216 153; e-mail: info@komunikacia.sk.

11.6  The legal basis for the processing of personal data for the purpose specified:

• (i) In par. 11.2 (i) above shall be the performance of the agreement concluded with the User (Article 13 par. 1 letter b) of Act No. 18/2018 Coll. on Protection of Personal Data, and on amending and supplementing certain acts (the “Act“);
• (ii) In par. 11.2 (ii) above shall be the User’s consent given to the data controller;

11.7  The retention period for personal data, for the purpose stated in par. 11.2 (i) above means a period necessarily required for the purpose of providing the performance according to the agreement concluded between the Provider and the User and for the purpose specified in par. 11.2 (ii) above, it shall be 10 years.

11.8  The provision of personal data by the User for the purpose stated in par. 11.2 (i) above is a contract requirement, and for the purpose stated in par. 11.2 (ii) above the provision of personal data is the provision of personal data on a voluntary basis.

11.9  The User voluntarily provides his/her personal data in the scope defined in par. 11.1 of the Terms and by acceptance of these Terms the User gives his/her consent to the Provider to process the personal data in the scope defined in par. 11.1 for the purpose of processing as per par. 11.2 (ii) this Article above. Such given consent of the User is voluntary and is given for a period of 10 years.

11.10  According to the Act, the User shall have the following rights:

• The right to demand access to personal data related to the User;
• The User shall have the right to obtain from the Provider the confirmation of whether User’s personal data are processed. Equally, the User shall have the right to gain access to such personal data and information on (i) the purpose of personal data processing, (ii) the categories of personal data being processed, (iii) the identification of recipients or categories of recipients to whom the personal data have been or will be disclosed, (iv) the storage period of personal data, (v) the right to request from the Provider the rectification of personal data related to the User, their erasure or restriction of their processing, or on the right to object to the processing of personal data, (vi) the right to bring proceedings according to the prov. of Article 100 of the Act (i.e. a motion as per subpar. (viii) below), (vii) the source of personal data, unless the personal data were obtained from the User, and (viii) the existence of automated individual decision-making including profiling, referred to in the prov. of Article 28 par. 1 and 4 of the Act.
• The right to the rectification of personal data;
• The User shall have the right to obtain from the Provider without undue delay the rectification of inaccurate personal data concerning the User. Taking into account the purposes of the processing, the User shall have the right to have incomplete personal data completed.
• The right to the erasure of personal data;
• The User shall have the right to obtain from the Provider the erasure of personal data concerning the User without undue delay.
• However, the Provider shall have the obligation to erase User’s personal data where one of the following grounds applies: (i) the personal data are no longer necessary in relation to the purposes for which they were collected or processed; (ii) the User withdraws his/her consent and no other legal basis exists for the processing of personal data; (iii) the User objects to the processing of personal data and there are no overriding legitimate grounds for the processing of personal data; (iv) the personal data have been unlawfully processed; (v) the personal data have to be erased for compliance with an obligation according to the Act, a special regulation or an international agreement by which the Slovak Republic is bound.
• The User’s right to the erasure of personal data and the Provider’s obligation to erase the personal data shall not apply in cases where the processing of personal data is required (i) for exercising the right of freedom of expression and information; (ii) for compliance with an obligation according to the Act, a special regulation or an international agreement by which the Slovak Republic is bound; (iii) for reasons of public interest in the area of public health; (iv) for archiving purposes, scientific or historical research purposes or statistical purposes in accordance with the prov. of Article 78 par. 8 of the Act, in so far as the User’s right to erasure is likely to render impossible or seriously impair the achievement of the objectives of that processing, or (v) for the exercise of any legal claims.
• The right to the restriction of personal data processing;
• The User has the right to have the processing of personal data restricted by the Provider if (i) the accuracy of the personal data being processed is contested by the User, during a period allowing the Provider to verify the accuracy of personal data, (ii) the processing of personal data is unlawful, and the User objects to the erasure of personal data, and demands the restriction of their use instead, and (iii) the Provider no longer needs the personal data for the purpose of personal data processing but the User needs them for the assertion of a legal claim.
• The right to object to the processing of personal data;
• According to the Act, the rule is that the User shall have the right to object to the processing of personal data, if the processing relates to him/her as a person, and if the processing is necessary (i) the performance of a task carried out in the public interest or in the exercise of official authority vested in the Provider, or (ii) for the purposes of the legitimate interests pursued by the Provider or by a third party, or (iii) for the purposes of direct marketing including profiling, in so far as it relates to direct marketing.
• The right to personal data portability;
• According to the Act, the User shall have the right to receive the personal data concerning the User, which the User has provided to the Provider, in a structured, commonly used and machine-readable format and shall have the right to transmit those data to another data controller only in case that the following conditions are fulfilled cumulatively: where (i) it is technically feasible, (ii) the processing of User’s personal data occurs on a legal basis of User’s consent or the performance of agreement, and (iii) the processing of personal data is carried out by automated means.
• The right to withdraw consent to the processing of personal data;
• The User shall have the right to withdraw his/her consent to the processing of personal data given to the Provider, either via e-mail to info@komunikacia.sk or in writing to the address of Provider’s registered office.
• The right to bring proceedings concerning the protection of personal data at the Office for Personal Data Protection of the Slovak Republic (the “Office“).
• The User shall have the right to file a motion to commence proceedings concerning the protection of personal data at the Office, the purpose of which is to identify whether the User‘s rights have been violated in the processing of User‘s personal data, or whether the Act or a special regulation[1] in the field of personal data protection has been infringed.
• A sample motion to commence proceedings according to the preceding sentence is published at the Office‘s website.

11.11  The Provider shall provide the User with notices related to the processing of User‘s personal data, in a concise, transparent, intelligible and easily accessible form, using clear and plain language. The Provider is obliged to provide the information according to the preceding sentence in writing or by electronic means, usually in the same form as the application filed. If the User applies for, the Provider may also provide the information orally.

11.12  The Provider shall provide the User with cooperation in the exercise of the latter‘s rights according to Art. 11.10 above.

11.13  The Provider is obliged to provide the User with information on measures taken based on the User’s application by means of which the User exercises his/her rights defined in Art. 11.10. above, within one month of delivery of the application. The said period may be extended by two additional months by the Provider in justified cases, with respect to the complexity and the number of applications, even more than once. The Provider is obliged to inform the User on each such extension within one month of delivery of the application, together with the reasons for the extension of the period. If the User filed an application by electronic means, the Provider shall provide the information electronically, unless the disclosure of the information was demanded by the User otherwise.

11.14  If the Provider does not take measures based on the application by means of which the User exercises his/her rights defined in Art. 11.10, the Provider shall be obliged, within one month of delivery of the application, to inform the User on the reasons for inaction and on the possibility of filing a motion to the Office as per Art. 11.10, (viii) above and the prov. of Article 100 of the Act.

11.15  The notices and measures taken by the Provider based on the application by means of which the User exercises his/her rights, shall be provided free of charge.

11.16  Upon fulfilment of the purpose for which they were obtained, the User’s personal data shall be disposed of by the Provider.

11.17  The User undertakes that when using the Application if he/she obtains information containing personal data of other Users and/ or other third parties, such obtained personal data shall not be processed or used by the User, except for the use for personal purposes. After the end of the use of Application, the User undertakes to discard all information containing personal data according to the sentence above.

11.18  The Provider’s Website uses cookies (i.e. a short text the Website posts into a cookie file of User’s web browser, and which allows the Website to remember data about the User and his/her options) that help the Provider better understand and improve the quality of performance, usability and efficiency of the Website, and measure the effectiveness of a Provider’s marketing activities.

11.19  Cookies as such do not disclose User’s e-mail address to the Provider or do not provide any other identification of the User. If a person only visits the Website, the Provider shall use cookies to collect overall statistical information which helps determine which parts of the Website are preferred by visitors.

11.20  A visitor to the Website can decide, whether he/she accepts or rejects cookies. The User can set the web browser so that it will inform the User each time when he/she receives cookies or so that the User can reject the acceptance of cookies.

11.21  The Provider shall deal with the data collected through cookies as if they were personal data. In like manner, in the case of combining other than personal data and personal data, the Provider shall treat such combined data as personal data for the purposes of these Terms.

11.22  The Provider shall collect certain data automatically through cookies and keep the same in log files. Such data contain IP (Internet Protocol) addresses, the browser type and language, the internet service provider (ISP), intermediary and final websites and applications, the operating system, the data and time-stamps, and information on consecutive clicking.

11.23  Such data shall be used by the Provider to understand and analyse trends, administer the Website, obtain information on visitor’s behaviour on the Website, to improve products and services, and to collect demographic information on the user base as a whole.