Registrierung

1. The subject matter of these terms and conditions consists in the granting of a licence by the Provider to a person who registers in the “QR Víno” application (hereinafter only as the „Licensee“) to the subject matter of the licence for an agreed license fee. In accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter only as the “CC“), these licence terms regulate the mutual rights and obligations of the Provider and the Licensee arising in association with or on the basis of the licence agreement for the subject matter of the licence pursuant to Article 1.3 of these terms (hereinafter only as the “Agreement“), concluded between the Provider and the Licensee in the context of the use of the “QR Víno” application. The contractual relationship (licence agreement) between the Provider and the Licensee shall be established by the service of the Provider’s acceptance of the draft to conclude a licence agreement to the Licensee.

2. The Provider is the author and distributor of the subject matter of the licence and is entitled to exercise proprietary and personal copyrights in it.

3. The subject matter of the licence consists in a web application (SaaS) called QR Víno, its user interface, computer databases, and any other components of the QR Víno application (hereinafter only as the “Subject Matter of the Licence”). The Subject Matter of the Licence is a copyright work within the meaning of Section 2(2) of Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts, as amended.

4. The Subject Matter of the Licence is intended for use in the Licensee’s enterprise. The Subject Matter of the Licence is not intended for private use outside entrepreneurial activities.

5. These terms and conditions shall apply to the use of any updates to the Subject Matter of the Licence which replace or supplement the original Subject Matter of the Licence, unless any such update is accompanied by a separate licence, in which case the terms of the separate licence shall prevail.

6. The licence to the Subject Matter of the Licence is hereby granted in accordance with the following plans:

   1. Free – registration of 5 batches of wine from a single winery for the term of the licence;

   2. Standard – registration of 10 batches of wine per calendar year from a single winery with the possibility of purchasing additional batches for a fee according to Article IV of this Agreement;

   3. Premium – registration of an unlimited number of batches of wine per calendar year from a single winery.

1. The Provider hereby grants to the Licensee a non-exclusive licence to the Subject Matter of the Licence, limited in territory to the territory of the European Union, for the term agreed in Article 3.1 hereof (hereinafter only as the “Licence“) under the terms and conditions defined herein.

2. The purpose of granting the Licence for the Subject Matter of the Licence consists in granting it temporarily in relation to the performance of the Licensee’s enterprise.

3. The Licence is granted to the Subject Matter of the Licence in the scope of the plan selected by the user, as listed in Article 1.5 hereof. The scope of the Licence may vary as agreed by the Parties.

4. The Licensee may not grant sublicenses to any third parties. The Licensee may not assign the Licence without the consent of the Provider.

5. The Licensee shall not be obliged to use the Licence.

6. The Licensee hereby undertakes not to use the Subject Matter of the Licence in any manner which would infringe the rights of the Provider in any respect. The Provider hereby reserves all rights not expressly granted to the Licensee under these terms and conditions.

7. The Provider hereby declares that it has all the intellectual property rights to grant the above Licence, including all the rights set out in this article.

1. The Provider hereby grants the Licensee the Licence for a fixed term of 1 calendar year.

2. The term of the Licence may be renewed by agreement of the Parties after the expiry of the term specified in Article 3.1 hereof, always by 1 calendar year. In the event of a renewal of the Agreement, Art. 4.4, the last sentence of Art. 5.1 and Art 8.2.a. of these terms and conditions shall not apply for each additional calendar year of the term of the Licence.

1. The Parties have agreed that the Provider grants the Licensee the Licence in return for a fee.

2. The Licensee undertakes to pay the Provider a license fee for 1 calendar year of the Licence term, the amount of which is based on the plan selected by the Licensee within the meaning of Art. 1.5 hereof (hereinafter only as the “Licence Fee), except for the plan pursuant to Art. 1.5.a hereof, for which the Licence is provided free of charge. The amount of the Licence Fee is set as follows:

   1. Standard plan – the Licence Fee is CZK 250 excluding VAT per year; the surcharge for registering the eleventh and each subsequent batch of wine is CZK 50 excluding VAT;

   2. Premium plan – the Licence Fee is CZK 3,000 per year excluding VAT.

3. The Licensee shall not be charged the Licence Fee for the period during which it is entitled to withdraw from the Agreement in accordance with Art. 8.2.a. of these terms and conditions.

4. The Licence Fee includes the services of the Provider consisting of:

   1. Database administration;

   2. Providing technical and security updates;

   3. Progressive enhancement of the application;

   4. Cloud server lease;

   5. Customer support;

   6. Back-end data validation.

1. The Licensee shall pay the Licence Fee on the basis of an invoice issued by the Provider by bank transfer to the Provider’s bank account held with ČSOB, account No. 201116739 / 0300, with the variable symbol indicated on the invoice. The invoice will be issued after the expiry of the period within which the Licensee is entitled to withdraw from the Agreement pursuant to Art 8.2.(a) hereof.

2. The invoice shall be due within 30 calendar days. The Provider will send the invoice to the Licensee via the e-mail address uctarna@adbros.cz.

3. Payment of the Licence Fee shall mean crediting the full amount to the Provider’s bank account.

1. In the event that the Licensee is in default in the payment of the Licence Fee under Art. V hereof, the Licensee shall pay the Provider a contractual penalty of 0.05% of the amount due for each day of default until the Licence Fee is paid in its entirety.

1. The Provider shall retain the Licensee’s data for a period of 1 month after the expiry of the License and then delete it.

1. The Provider may terminate the Agreement in particular provided that:

   1. The Licensee is in default with payment of any of the fees under Art V. of these terms and conditions for more than 30 days;

   2. The Licensee breaches Articles 2.4 or 2.6 of these terms and conditions.

2. The Licensee may terminate the Agreement:

   1. Within 30 days of the effective date of the Agreement, even without specifying reasons;

   2. In the event that the Subject Matter of the Licence cannot be properly used for reasons attributable to the Provider for a period longer than 30 days and the Provider fails to remedy the situation within 10 days of receiving a written request from the Licensee;

3. Pursuant to Section 2004 CC, the Licensee or Provider may only withdraw from the Agreement with future effects.

4. Following the withdrawal from the Agreement, the Provider shall delete the data relating to the user account of the Licensee within 1 month.

1. These terms and conditions and the Agreement shall be are governed by the law of the Czech Republic, in particular the relevant provisions of the CC.

1. In the event of unenforceability or invalidity of any provision of these Terms and Conditions, the remaining provisions of these Terms and Conditions (or the Agreement) shall remain enforceable and valid, unless it is unambiguous from the nature or content of any such provision that it cannot be severed from the other content of these Terms and Conditions (or the Agreement).

2. These terms and conditions may be amended int he electronic form, or by electronic means, by the Provider making the amended form of the terms and conditions available to the Licensee through the user environment of the Subject Matter of the Licence, together with a notice of any such availability, whereby the Licensee may express their consent or disagreement with the amendment to the terms and conditions. Unless the Licensee raises an objection within 30 calendar days after sending the notice of the amended wording of the terms and conditions made accessible through the user interface of the Subject Matter of the Licence, the Licensee shall be deemed to have accepted the amendment.

3. These terms and conditions shall take effect on 1st of March 2024.

Principles of personal data processing

Under provisions of articles 12 to 14 of Regulation of the European Parliament and of the Council No. 2016/679 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, or “GDPR” from now on)

Company Adbros s.r.o., Reg. No.: 27677338, with registered office Srbská 2741/53, Královo Pole, 612 00 Brno, registered in the commercial register of the Brno County court, file number C 51283 (hereinafter „Adbros“), hereby informs you as a customer, supplier or visitor of its website about how it will deal with your personal data.

1. Adbros as administrator of personal data

In relation to the processing of personal data, Adbros is the administrator of your personal data in accordance with the GDPR and Act No. 110/2019 Coll., on the processing of personal data. The administrator determines the means and purposes of the processing of personal data, thus decides on how the processing of personal data will take place and bears full responsibility for the processing of personal data that it carries out.

Personal data is any information about an identified or identifiable natural person (data subject); for example, name, surname, one or more special elements of the physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

Personal data of special category is personal data indicating racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person and data on a natural person's state of health or sex life or sexual orientation.

Data subjects are mainly visitors of website www.adbros.cz , or other persons who share their personal data with Adbros.

Processing of personal data is any operation or set of operations with personal data or sets of personal data that is carried out with or without the aid of automated procedures such as collection, recording, arrangement, structuring, storage, adaptation or alteration, retrieval, inspection, use, disclosure by transmission, dissemination or any other disclosure, arrangement or combination, restriction, erasure or destruction.

2. We comply with the basic principles of personal data processing according to the GDPR

If we handle personal data, we always respect the basic principles, i.e.:

1. Principle of lawfulness, fairness and transparency
• We do not process personal data just like that, we always have a reason (legal title) for processing
• we do not hide processing methods because we believe that data subjects have the right to know what is happening with their personal data
• our procedures are fair, we act as we would want other administrators to treat our personal data
2. Principle of limited purpose
• we do not combine processing purposes unless the data subject expressly wishes to do so
3. Principle of data minimization
• we process only the data we truly need
• during processing we check if we miss any personal data, or we have more than we need
4. Principle of accuracy
• if we want to provide quality services, inaccurate data will not work for us
• we always try to ensure that all data corresponds to reality
5. Principle of deposit limitation
• we do not keep personal data forever, but only for the necessary storage period
• we no longer need personal data, we erase them
6. Principle of integrity and confidentiality
• we ensure processing both organizationally (we carefully maintain paper documentation and secure our premises) and technically (we ensure adequate IT security of computers and the network)

3. What personal data do we process?

Based on our experience we process mainly these personal data :

• identification data (name and surname or company name, identification number and tax identification number),
• contact information (e-mail address, postal address, telephone number),
• payment or bank details,
• other data related to fulfillment of the contract or other duties.

4. For what purpose do we process your data and what legal title do we have to do it?

We may process your personal data for the purpose of concluding a contract and its subsequent fulfillment. In such a case, the processing of personal data of the data subject (customer, supplier) is necessary for the fulfillment of the contract to which the data subject is a party, or for the implementation of measures taken prior to the conclusion of the contract at the request of this data subject. This constitutes a legal title for processing according to Article 6 paragraph 1 letter b) GDPR.

When concluding a contract, the provision of personal data may be a contractual as well as a legal requirement (with respect to tax and accounting legislation). The provision of personal data in connection with the conclusion of a contractual obligation is therefore a necessary requirement for the establishment of a specific legal relationship and the fulfillment of the rights and obligations arising from it. Without providing personal data for these purposes, a contractual obligation cannot be concluded.

Another purpose of processing may be the fulfillment of a legal obligation that applies to Adbros . It can typically be obligations under Act No. 89/2012 Coll., Civil Code, as amended, Act No. 563/1991 Coll., on accounting, as amended, Act No. 280/2009 Coll., tax code, as amended. The fulfillment of a legal obligation is the legal title for the processing of personal data according to Article 6 paragraph 1 letter c) GDPR.

In some cases, we may also process personal data within the scope of our legitimate interest . However, this interest never takes precedence over the interests and fundamental rights of the data subject requiring the protection of personal data. Legitimate interest is a legal title for us according to Article 6 paragraph 1 letter f) GDPR, especially in situations where we protect our property, our economic interests and our good reputation, if we need to start and conduct court or arbitration proceedings, or when we ensure the security of the website www.adbros.cz .

Also, if you contact us via the contact form on the website www.adbros.cz , your personal data (name, surname, e-mail address, or other personal data mentioned in the message) will be used primarily for further communication and processing of your request.

5. How do we carry out personal data processing operations?

We process personal data both manually and automatically . We do not perform profiling or automated decision making.

6. Who will have access to your data and for how long we will process it?

Adbros employees primarily work with your personal data. We do our best to protect your personal data from misuse or unauthorized use.

In the event of compliance with a legal obligation, we may share your personal data with public authorities. If we were to seek the protection of our legal interests, we may share your personal data with a legal representative.

In connection with the processing of personal data in the contact form, our contractual partners (processors) in third countries (in the USA) may in exceptional cases have access to your personal data that you provide in this way. However, we have taken all measures (SSC and other contractual obligations) to meet all the obligations that this entails for us. Otherwise, we do not intend to transfer personal data outside the EU or international organizations.

We store personal data in accordance with the deadlines established by the relevant legal regulations , or for a period that is necessary with regard to the purpose for which the personal data is processed. It is generally 3 years .

We store the personal data we obtain from the contact form for a period of one month. We can keep it longer if there is another legal title for processing (e.g. conclusion of a contract).

7. Where can you learn more information about how we process personal data?

The role of data protection officer for Adbros is delivered by company LAWYA, s.r.o. , Identification Number: 02322021, with address Březinova 746/29, 616 00 Brno, through Mgr. Ivana Šilhánková, poverenec@lawya.cz , +420 770 606 082, who you can contact with questions.

8.What are your rights?

Please note that you have the option to exercise the following rights:

1. Right of access to your personal data

Based on your request, we will inform you whether we are processing your personal data or other information that you will request from us. You can request information about what data and how we process it, from which source it comes, etc. In the GDPR, this right is enshrined in Article 15, where you will also find a complete list of information that you can request in your request for access.

2. Right to correct personal data

The personal data we process should always be correct and correspond to reality. If you find that the personal data we process about you is incorrect, you can ask us to correct it (within our technical capabilities). This right is based on Article 16 GDPR.

3. Right to erasure (‘right to be forgotten’)

You can also ask us to erase your personal data which we no longer need. However, we can only accommodate your request if we no longer really need to process personal data. Thus, we cannot delete personal data, for example, if the statutory archiving period for certain documents is running, etc. However, we will of course explain this to you in response to your request. In the GDPR, you can find this right under Article 17.

4. Right to restriction of processing

Based on your request, we will limit the processing of personal data regarding which a problem or a certain dispute has arisen – for example, whether the personal data is accurate, whether the processing is illegal, etc. This right is enshrined in Article 18 of the GDPR.

5. Right to object to the processing of your personal data at any time

You can raise an objection if you do not agree with the processing of your personal data with regard to our legitimate interest. Our task will then be to prove a legitimate interest. If we fail to do so, we will stop processing personal data.

6. Right to data portability

If we process your personal data in electronic form, you can ask us to transfer them to another administrator. If it is possible in a specific case, we will transfer your personal data based on your request.

If you decide to exercise any of the above rights, please contact our data protection officer at the email address poverenec@lawya.cz , or call +420 770 606 082. We can provide information about the processing of personal data only to the person to whom the personal data relates to; therefore, we must first verify whether the person to whom the personal data processed by us relates to is requesting the exercise of their rights. We will process the data request free of charge within thirty days. If the request is complex, we can extend the deadline by sixty days. If the requests are repeated or unreasonable, a fee may be requested. However, we always inform the data subject about this in advance.

Supervision of compliance with the rights and obligations arising from the GDPR and the Personal Data Processing Act is the responsibility of The Office for Personal Data Protection, address Pplk. Sochora 27, 170 00 Praha 7, Identification Number: 70837627. You can address the Office with any complaint via e-mail posta@uoou.cz or data box: qkbaa2n. You can learn more about the supervisory role of the Office mainly from its website www.uoou.cz/en .

9. Will we change these principles?

We might eventually change these principles if our purpose of use or our tools for processing of personal data change. The current version of principles will always be available on the website www.adbros.cz.

Cookies on the website www.adbros.cz

In accordance with the provisions of § 89 of Act No. 127/2005 Coll., on electronic communications, we hereby inform you that our website uses cookies to provide services, personalize advertisements and analyze traffic. These are short text files that the visited website sends to the browser.

Thanks to them, we distinguish you from other users, improve the user experience and improve our website. Cookies are not used to obtain any sensitive personal data or to identify you as a specific person.

Our site uses the following types of cookies with the specified storage time:

Required: these cookies are necessary for the functioning of our website and cannot be deactivated. They are usually set in response to actions you have taken, such as requesting services related to security settings, logging in, filling out forms, etc. You can set your browser to block cookies or send notifications about them. Note that some pages will not work without these files. These cookies do not store any personally identifiable information. The storage period of this type of cookies is 2 years.

Performance: these cookies help track the number of visitors and the source of the traffic, which allows us to improve the site's performance. We can use them to determine which pages are the most popular and which are not, as well as track how visitors move around the site. All information collected by cookies is aggregated and anonymous. If you do not allow cookies, we will not know when you visited our site. The storage period of this type of cookies is 2 years.

Acceptance of use of cookies

When you first visited this website, you were informed for what purpose it uses cookies, or you could refuse to save some types of cookies. Although this information may not appear on your next visit, you still have the option to refuse the use of cookies. The cookie bar can be called up repeatedly.

If you do not want cookies to be used or to be used to a limited extent, you can change your preferences at any time in the cookie bar.