Terms & Conditions
1. INTRODUCTORY INFORMATION
1.1. The operator of the Application and the owner of all rights is the company CodeStory s. r. about. with registered office: Pribišova 15, Bratislava, 841 05, IČO: 52 000 273, registered in the Commercial Register of the District Court Bratislava 1, section: sro, file number: 132117 / B.
1.2. By acceding to these General Terms and Conditions (hereinafter referred to as the “GTC”), you agree to these GTC and all related Contractual Documents.
2. EXPLANATIONS AND DEFINITIONS
2.1. Application means a comprehensive software solution designed especially for mobile and computer operating systems, which has the functions of remote communication between Terminals and other related functions of the Application; mobile operating system currently means Android OS.
2.2. The functions of the Application are understood as mainly technological capabilities of the Application, which allow the Terminal to receive, transmit and process information about the status of another Terminal connected to the implementation of technological capabilities of the Application (so-called paired device), further technological capabilities of the Application that allow the terminal to communicate with the GSM network , Data network internet, technological capabilities Applications that allow the Terminal to receive and process orders from the User or any other entity capable of creating and subsequently processing these instructions Application and technological capabilities Applications capable of identifying and informing about physical changes recorded by mobile phone hardware modules paired device.
2.3. Terminal equipment means in particular a telecommunications equipment or its technical part (eg mobile phone, tablet, computer), which enables communication with other Terminal Equipment and is intended for direct or indirect connection to Network Terminals, and telecommunications equipment intended for transmission, transmission , routing, reception, interconnection or processing of signals and information in the form of images, sound or data via lines, radio, optical or other electromagnetic means, as well as associated means.
2.4. Associated resources means technical facilities and other equipment associated with a network that enable or support the provision of services through that network or service.
2.5. The first terminal device (Mobile No. 1) means a terminal device intended in particular for entering, processing and sending commands of the Second Terminal Device and processing data delivered from the Second Terminal Device; it is basically a mobile phone that the User uses on a daily basis.
2.6. User means a natural or legal person who has entered into an Application Use Agreement; The User is also considered to be a person who has not concluded the Application Agreement, but the Application was handed over to him by the person who concluded this Agreement, even if the Application has been transferred several times in a row.
2.5 Second Terminal Equipment (Mobile No. 2) means a Terminal Equipment designed mainly for processing and sending information to the First Terminal Equipment and processing data delivered from the First Terminal Equipment; in principle, it is an unused mobile phone, which the User will use as an “alarm module”.
2.6 Alarm message means the processing of the order sent by Mobile no. 2 to Mobile no. 1, the purpose of which is to evoke an acoustic and visual response from Mobile no. 1.
2.7 Control application means the Application intended for Mobil no. 1, which serves to enter commands intended for the Alarm application and to receive Alarm messages; in principle, it is a remote control of the Alarm application, which simultaneously issues acoustic and visual Alarm messages to the User.
2.8 Alarm application means an application intended for Mobile no. 2, which is used to indicate shocks and send the GPS position in which Mobile no. 2; it is basically an “alarm module” that the User places, for example, in his vehicle.
2.9 Contractual documents mean in particular these GTC, the Conditions of Personal Data Processing, the Conditions of Use of the Application and individual Agreements on Collective Use of the Application.
2.10 The application use agreement means these GTC and all Contractual Documents.
3. CONTENT OF SERVICES AND SUBJECT OF THE CONTRACT
3.1 The Agreement on the use of the application is concluded by entering the e-mail address (e-mail) of the User in the designated area of the Application and its processing in the form of clicking on the designated button within the Application.
3.2 The subject of the contract for the use of the application is in particular:
3.2.1 providing the Functions of the Application to its User,
3.2.2 creation and operation of the User’s account, which is used for processing data created by the Control and Alarm application, transfer of this data between Mobile no. 1 and Mobile no. 2 and recording of this data traffic, authentication of the User when logging in to the Application and pairing of the Control and Alarm application
3.2.3 Rights and obligations of the Contracting Parties and other contractual conditions.
3.3 The Application Operator provides the User with the Application for free use of the Application Functions. The functions of the Application are aimed at indicating physical changes recorded by the hardware modules that are part of Mobile no. 2. Records of physical changes are then sent to the Mobile Control Application no. 1, which processes these records, evaluates and in case of exceeding the range of data set by the User reports these physical changes to the User. Changes can also be reported to the User on the basis of individual initialization of data updating by the User (so-called refresh).
3.4 The User is notified that the Application processes and generates data such as:
3.4.1 records of shocks caused by the movement of the mobile gyroscope no. 2, the time of occurrence of shocks and the intensity of shocks,
3.4.2 GPS position in the case of the Alarm application (i.e. Mobile No. 2), GPS position current at the moment of updating the information about the status of Mobile No. 2 in the form of automatic renewal of this information or in the form of manual renewal by the User (so-called click of the refresh button in the Control Application) or in the form of notification of the current GPS position at the time of sending the Alarm Report by the Alarm Application (i.e. Mobile No. 2) , enable GPS position processing in case of Alarm application,
3.4.3 settings selected by the User in the range: selected name of the Alarm application paired with the Control application, gyroscope sensitivity, frequency of the Control and Alarm application connection check, GPS position update frequency, selection of GPS position sending option in Alarm message,
3.4.4 updating of all data according to points 3.2.1, 3.2.2 and 3.2.3, transmission of all data on recorded shocks, GPS position, battery status of Mobile no. 2 and data on connection control between Mobile no. 1 and Mobile no. 2 to the Control Application,
3.4.5 other personal data specified in the Tracklock Personal Data Processing Conditions.
4. RIGHTS AND OBLIGATIONS
4.1 The User is entitled to use all the Functions of the Application that fall within the scope of the functions provided free of charge. Currently, all provided Application Features fall within the scope of free features and the Application Operator does not provide any paid program for the use of the Application.
4.2 By concluding the Application Agreement, the Application Operator grants the User a limited, non-transferable and non-exclusive license to use the Application. The User is not entitled to use the Application for commercial purposes, in the performance of his business or the performance of the business of a third party, to provide the Application to third parties under his name.
4.3 When using the Application, the User is obliged to proceed in such a way that there is no unauthorized access to his account by a person who is not authorized to do so. He is also obliged to take all measures to prevent the leakage of login data, passwords, and access to the authentication tools used by the Application. In the event of a breach of these obligations, the User is liable for the damage caused to the Application Operator and third parties.
4.4 The User is entitled to cancel his account and terminate the use of the Application at any time. The Application Operator is entitled to cancel or limit the provision of the Application Functions or the Application itself to any extent, but especially if the User violates these provisions of the Contract Documents, infringes the Application Operator’s copyright, does not communicate in accordance with good morals and fair trading principles. By canceling the account, this Agreement terminates and all data created by the User or related to it are deleted, with the exception of the purposes of processing personal data, which require the processing of the User’s data even after the cancellation of the account.
4.5 The account will be canceled on the basis of a written request from the User to the e-mail address hello@codestory.sk. After this moment, all personal data of the User will be completely deleted.
4.6 Application, website www.tracklockapp.com, www.tracklockapp.cz and www.tracklockapp.sk including all visuals, graphics, source code, data and technological processes related to the operation of the Application are protected as unique results of the intellectual activity of the authors and their rights , which is carried by the Application Operator, including subsequent modifications and changes to the resulting copyright works.
4.7 The User is not entitled to change, delete, remove or in any other way interfere with any work against which the Application Operator exercises copyright and property rights.
5. LIMITATION OF LIABILITY
5.1 We are constantly making every effort to address the obstacles that arise without delay
5.2 However, the Application Operator is not responsible for:
5.2.1 availability of the mobile operator’s GSM network,
5.2.2 availability of any form of mobile operator ‘s data network (edge, LTE, 3G, 4G, 5G, etc.)
5.2.3 technical condition of Mobile no. 1 and Mobile no. 2 and the quality of the hardware devices and their components contained in these mobile devices,
5.2.4 the manner in which the User has set the range of individual settings of the Alarm Application in the Control Application,
5.2.5 settings of a mobile phone which is not part of the Application or which can be changed without the influence of the Application and for the fact that physical changes are processed by the Alarm Application and / or records of these changes are sent to the Control Application,
5.2.6 in the circumstances of objective and unavoidable technical obstacles or other facts causing the impossibility of providing services and for such failures. and their subsequent processing by the application.
5.3 We would like to emphasize to the user that the functionality and efficiency of the Application depends exclusively on the technical condition of the mobile device. If there is a damaged risk that physical changes such as e.g. shock of Mobile no. 2, which is located in the vehicle, will not be able to record through the Alarm application. As a result, there will be no Alarm message in the Control application in Mobile no. 1 that you have with you every day. The same situation can occur if you have a low-quality mobile phone or a mobile phone made up of cheaper components. Our tests revealed that some cheaper phones had trouble creating accurate GPS location records. However, other unpredictable situations may occur. Therefore, the Application Operator cannot be responsible for the technical condition of the User’s mobile devices.
5.4 The Application Operator reserves the right not to be liable for any damages or damages incurred as a result of interruption or termination of the provision of the Application Functions.
6. COMMUNICATION, NOTIFICATION AND DELIVERY
6.1 The Contracting Parties agree that in the case of delivery of mutual correspondence, delivery in accordance with these GTC means delivery of written content to the e-mail address hello@codestory.sk or by post or courier to the address of the Application Operator’s registered office.
6.2 The day of delivery shall also be deemed to be the day on which the Contracting Party refuses to accept the delivered document, or on the day of return of the consignment meaning. When documents are delivered electronically by e-mail, the document is considered delivered on the day following the day of its sending. For the purposes of delivery by post, the addresses of the Contracting Parties listed “in the Electronic Registration Form shall be used only unless the addressee of the documents has notified the sending Contracting Party of the new address or a new electronic address for the delivery of documents.
7. DISPUTE RESOLUTION AND JURISDICTION
7.1 The Contracting Parties agree that any disputes arising in connection with the fulfillment of obligations under the Agreement and the Music Production Agreement shall be settled out of court, preferably by negotiation or mutual agreement. In the event that the Contracting Parties do not resolve their mutual disputes out of court, the Contracting Parties are entitled to resolve these disputes in court in accordance with the applicable legislation of the Slovak Republic. The local jurisdiction of the court is given in accordance with Act no. 160/2015 Coll. Code of Civil Procedure, as amended.
8. COMMON PROVISIONS
8.1 The Application Operator reserves the right to change these GTC at any time during the term of the Agreement or the use of the Application. We will announce the change of the GTC via the Application or by a notice published on the website www.tracklockapp.com However, if there is a change in these GTC, we will invite you to accede to the new GTC. If you do not do so within 14 days of receiving this invitation, we will consider it to be your consent to the new provisions of the Agreement.
8.2 The Contracting Parties are always bound by the provisions of the GTC valid during the term of this Agreement.
8.3 If any provision of the GTC becomes invalid, ineffective, resp. unenforceable, the other provisions, without prejudice to this, shall remain in full force and effect. In such a case, the Application Operator will replace such provision with a valid, effective and enforceable provision that will differ as little as possible from the principles agreed in these GTC while maintaining the economic and legal purpose and meaning of the replaced provision. The Application Operator reserves the right to limit the provision of the Application Functions for the necessary period related to the course of repairs, modifications, maintenance, etc. By concluding the Agreement, the User waives any claims and compensations arising from this restriction.
Supervisory authority address:
SOI Inspectorate for the Bratislava Region
Bajkalská 21 / A, P. O. BOX no. 5
820 07 Bratislava
Supervision Department
ba@soi.sk
tel. no. 02/58 27 21 72, 02/58 27 21 04 fax no. 02/58 27 21 70
Version 1.0.2022
In Bratislava on June 12, 2022
Privacy Policy
1 INTRODUCTORY INFORMATION
1.1 We are extremely concerned about the security and lawfulness of the processing of your personal data, and we have therefore created special binding processing rules in this Document, which are based on the basic principles of personal data processing set out in Article 5 (1). 1 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC (General Data Protection Regulation) (hereinafter as “GDPR”).
1.1. The operator of the Application and the owner of all rights is the company CodeStory s. r. about. with registered office: Pribišova 15, Bratislava, 841 05, IČO: 52 000 273, registered in the Commercial Register of the District Court Bratislava 1, section: sro, file number: 132117 / B.
1.2 These Terms and Conditions of personal data processing of the tracklock mobile application apply to the Application and to the websites www.tracklockapp.com, www.tracklockapp.cz and www.tracklockapp.sk.
1.3 We may use the word “You”, “Your” and all modifications of these words in the text of the Document to identify the Affected Person.
1.4 We have created these Privacy Policy (hereinafter referred to as the “Document”) for Affected Persons in order to enhance sufficient transparency and clarification of the basic rules that we follow when protecting privacy and your personal data.
1.5 This Document constitutes our internal privacy policy in accordance with Article 24 of the GDPR in order to demonstrate compliance with the GDPR.
1.6 This Document deals with the processing of personal data and compliance with the basic principles of legal processing of personal data, which are based in particular on the fact that we carry out the necessary processing of personal data in a lawful manner, fairly to all interested parties and transparently to the Persons concerned. We continuously place high emphasis on the security of personal data processing, while minimizing data and processing operations to the minimum necessary for the proper conclusion and fulfillment of obligations under our mutual Agreement, use of the Application, its functions and services offered by the Application.
1.7 At the same time, we provide you with mandatory information in accordance with Article 13 of the GDPR and we ensure that you are informed of the content of this Document even before the collection of personal data in which you provide us with personal data for the first time.
POLICY AND GUARANTEES
2.1 We do not disclose personal data without your consent, nor do we transfer them to any third country that does not ensure an adequate level of personal data protection. We guarantee the processing of personal data exclusively on the territory of the Member States of the European Union, specifically current at the time of this version of the Document, all personal data of the Affected Persons are processed and physically stored exclusively on the territory of the Slovak Republic.
2.2 We regularly review and review not only the security measures taken to ensure the security of personal data processing, but also other procedures and rules designed to protect privacy and personal data, and we can work with a data protection officer (DPO – Data Protection Officer).
2.3 We use appropriate means of encrypting information protection (SSL certificate) for data transmission via a publicly accessible computer network between your terminal device and our server. We also store all data and personal data in designated data repositories, which are secured by appropriate means of encrypting information protection.
2.4 We guarantee that we will not make any consent to the processing of personal data conditional on the conclusion or performance of any contract.
2.5 All entities legally involved in the personal data processing process are transparently identified in this Document together with their status under the GDPR. We will not carry out any processing operation on your personal data with a third party and / or the recipient unless it is transparently identified in this Document and at the same time we do not have the necessary legal basis under Article 6 of the GDPR.
2.6 All recipients of personal data access them exclusively on the basis of the authorization granted by us, while they are legally bound by special obligations and legal guarantees strengthening the protection of the personal data of the Data subjects.
2.7 We do not provide your personal data to any parties for commercial purposes without your prior and free consent. We also consider it necessary to inform you that the part of personal data processing related to the use of functionalities integrated into the Application may be carried out independently and completely independent of us by third parties who are independent operators of our personal data information systems; in these cases it is mainly the operators of the so-called payment gateways designed to make non-cash payments over the Internet. You provide your personal information directly to these third parties without us interfering in or influencing this process in any way. This part of the processing of personal data is governed by the internal policies and security measures adopted by these third parties, and we have no influence on such processing of personal data, including the possibility to exercise the data subject’s rights, which we inform you of under this Document.
2.8 We have carefully checked our business partners (so-called intermediaries), whom we have enabled to process your personal data, in terms of their competence and practical ability to ensure the security and legality of the processing of your personal data.
2.9 In addition to our Application, we also use regular telephone and e-mail communication when processing personal data and communicating with Affected Persons.
2.10 If, in our communication and addressing specific requirements on your own initiative, you include in addition to the information we require, information that we do not need and at the same time that could be sensitive or could result in a sensitive nature revealing data from a particular category of personal data, which we do not require or are not necessary to provide proper Contractual Performance, we will, as far as possible, ensure their immediate deletion or modification to a more neutral meaning which does not allow the creation of a special category of personal data from such additionally obtained additional information. At the same time, we would like to urge you not to necessarily disclose any unnecessary data and information of a private nature about yourself in our mutual communication, which are not directly related to the use of the Application and the performance of the Agreement.
3 LIST OF PERSONAL DATA SUBJECT TO PROCESSING, PURPOSE OF PROCESSING AND LEGAL BASIS
3.1 In the Application, we offer the option of creating your own Account. By providing your personal data within the electronic form, you accede to our Agreement in the sense that you are interested in creating an Account within the Application and using services related to the Application. For the purpose of creating a free Account, we require from you personal data on the legal basis of the performance of the Agreement pursuant to Art. 6 par. 1 letter b) GDPR Your personal data to the following extent.
· Id (User identifier) registered in our database,
· User’s e-mail
· Date and time of creating the User’s account in the Application,
· The date and time of each login of the User to the Application,
· The name of the service (subscription) used by the User within the Application,
· The date and time of termination of this service,
· Id (identifier) of the individual section of the User’s login to the Application and the date and time of the expiration of this login,
· The date and time of the User’s last activity within the Application (i.e. each connection of the Application to the server),
· So-called identifier “Push token” intended for sending a notification to the User’s mobile phone,
· Device name, mobile device model,
· Frequency of inspection
connection of Control and Alarm application,
GPS,
batteries,
· GPS position, gyroscope status indicated by the Alarm application, time and date of the Alarm application message.
3.2 The legal basis for the processing of personal data according to point 3.1 is Art. 6 par. 1 letter b) of the GDPR Regulation, which is the performance of a contract to which the affected person (the User) is a party. The purpose of processing this personal data is to provide Application Features. Provision of mandatory personal data related to the conclusion and performance of the contract processed under Art. 6 par. 1 letter b) GDPR, represents the fulfillment of the requirement necessary for the conclusion of the contract, and therefore the data subject is obliged to provide this personal data. The personal information you are required to provide does not include GPS location information; by selecting the GPS location feature, the User consents to the Application Operator and Google Inc. with the processing of the User’s personal data. You can use the Applications without providing GPS location information, but you will not receive the location information of the Alarm Application. The possible consequences of not providing the obligatory data represent the impossibility of concluding a contract and providing services within the Application.
3.3 In the event that any person contacts us by e-mail, the subject of processing is the Name, surname, e-mail and all personal data that the Affected Person will provide in connection with the sending of his / her written request. The legal basis for the processing of this personal data is Art. 6 par. 1 letter b) of the GDPR Regulation, which processing is necessary for the performance of the contract to which the affected person (User) is a party, or to take pre-contractual measures at the request of the affected person (eg issues related to the Application or the Operator).
3.4 By acceding to these Terms of Use and their Privacy Policy, you are aware that by pressing the function intended to send your feedback on the experience with the use of the Application, you agree to the processing of your personal data to the extent of:
– level of satisfaction with the Application,
– information about what the User is missing, not working or likes in the Application,
– the type of mobile phone used by the User to operate the Application,
– User’s e-mail address
– the version of the Application used by the User.
The provision of this personal data is not a contractual or other condition for the use of the Application. You can revoke your consent to the processing of this personal data at any time on the basis of a written request from the User to the e-mail address hello@codestory.sk and the Application Operator will delete your personal data without delay. The processing time of this personal data is until the moment of withdrawal of your consent to the processing of this personal data.
3.5 The retention period of personal data is, in the case of using the free Features of the Application, an indefinite period, which ends with the cancellation of the User’s account. The account will be canceled on the basis of a written request from the User to the e-mail address hello@codestory.sk. After this moment, all personal data of the User will be completely deleted.
4 RECIPIENTS OF PERSONAL DATA
4.1 We use the following recipients of personal data when processing personal data through the Application:
a. web hosting service provider,
b. Cloud Storage Service Provider
c. the company providing the technical service of the Application,
d. Company providing accounting services (only in the case of Users using paid services of the Application).
5 INSTRUCTIONS ON THE RIGHTS OF THE PERSON CONCERNED
5.1 We care about maintaining the integrity and confidentiality of your personal data, and therefore we strive to secure them not only through individual, modern technical and organizational security measures, but also through the possibility to exercise the rights of the Data subject at any time through a written handwritten request. the identity and law for which the data subject requests the Joint Operator. You can send applications for the exercise of the right addressed to the Joint Operator to our e-mail address: hello@codestory.com
5.2 In cases where the legal basis of the Contractual Relationship is necessary to provide us with the required personal data, otherwise it is not possible to enter into a Contractual Relationship and provide you with the Services of the Application.
5.3 At the same time, you have the right to access personal data (Article 15 GDPR), the right to rectification (Article 16 GDPR), the right to delete (Article 17), the right to restrict processing (Article 18 GDPR), the right to data portability (Article 20 GDPR). ), the right to object to the processing (Article 21 of the GDPR), the right to request a review of an individual decision based on the automated processing of personal data (Article 22 of the GDPR).
5.4 Any request for the exercise of the rights of the Affected Person under the GDPR may be made on the basis of a written and handwritten request sent to our registered office address listed in the Commercial Register or to our electronic address: hello@codestory.com
5.5 We would like to inform you that when processing your request for the exercise of the rights of the data subject, we may ask you for a credible verification of identity, especially if you request the exercise of your rights by other means than a written letter with handwritten signature, e-mail with by a trusted qualified electronic signature or in person at the registered office of our company (e.g. in cases of regular email requests or phone calls).
5.6 Each received request for the exercise of the right of the person concerned will be individually and competently assessed, and we will always inform you of the result no later than 30 (in words: thirty) days from the receipt of the request.
6 FINAL PROVISIONS
6.1 If you do not agree or do not understand the content or meaning of any part of this Document, we welcome your material reservations and comments, which we will communicate with you in order to protect and promote your rights and prevent any risks to your rights and freedoms. which may be caused or affected by the use of the Application and / or other processing of personal data in this Document.
6.2 We regularly review and update this Document, while the current version of the Document, which is published within the Application, always applies.
6.3 You can address your complaint related to the processing of personal data to the supervisory body, which is the Office for Personal Data Protection of the Slovak Republic. Contact details of the supervisory authority:
Office for Personal Data Protection of the Slovak Republic
Hraničná 12
820 07 Bratislava
+421 / 2/3231 3214
statny.dozor@pdp.gov.sk