Terms and Conditions of the “Conversion Measurement” service
These Terms and Conditions govern the rules of use of the Seznam Zboží.cz “Conversion Measurement” program provided by Seznam.cz, a.s. (hereinafter referred to as the “Program”).
The following text is the terms and conditions, by agreeing to them, the E-shop (hereinafter referred to as “E-shop”) as a customer within the meaning of Article 1.3 of the Terms and Conditions governing the use of the Seznam Zboží.cz service undertakes to comply with the rules set out therein.
I. Definitions and basic framework
1. These terms and conditions of the Seznam Zboží.cz service program (hereinafter referred to as the “Program Terms and Conditions”) are issued by the business company Seznam.cz, a.s., ID No.: 261 68 685, with its registered office at Prague 5, Radlická 3294/10, Postal Code: 150 00, registered in the Commercial Register maintained by the Municipal Court in Prague, File No.: B 6493 (hereinafter referred to as the “Operator”) as the operator of the Zboží.cz service.
2. These Program Terms and Conditions regulate the relationship between the Operator and the E-shop in connection with the process of transferring data about the purchased goods to the Operator’s database, together with the Customer’s e-mail address to the E-shop.
3. For the purposes of these Program Terms and Conditions, Customers are persons who have entered into a purchase or other similar contract with the E-shop, regardless of whether the Customers are also users of the Zboží.cz service (hereinafter referred to as “Customers”).
4. The Program Terms and Conditions are part of the Terms and Conditions governing the use of the Seznam Zboží.cz service available in the Seznam Zboží.cz Help (hereinafter referred to as the “Zboží.cz Terms and Conditions”), which apply to the relationship between the E-shop and the Operator. However, if the Program Terms and Conditions provide for something different than the Zboží.cz Terms of Service, the Program Terms and Conditions shall prevail over the Zboží.cz Terms of Service.
The Personal Data Processing Agreement is an integral part of the Program Terms and Conditions.
II. Registration for use of the Program
1. An e-shop that has registered to use the Zboží.cz service is entitled to register to use the Program within its user interface, which has been accessed by the Operator at http://admin.zbozi.cz for the purpose of using the Zboží.cz service (hereinafter referred to as “Administration”).
2. The e-shop is familiarized with the Terms and Conditions of the Program and the Agreement on Personal Data Processing on the Conversion Measurement page in the Administration.
3. The Authorized E-Shop Representative agrees to the Program Terms and Conditions and the Personal Data Processing Agreement by replying “I Agree”. Agreeing to the Program Terms and Conditions and the Personal Data Processing Agreement is considered to be the conclusion of a contract between the Operator and the E-shop.
4. The Personal Data Processing Agreement and the Program Terms and Conditions are concluded for an indefinite period of time. The maximum duration of the Personal Data Processing Agreement is subject to the duration of the E-shop’s participation in the Zboží.cz service.
III. Rules for the use of the Programme
1. The E-shop, which has agreed to the Terms and Conditions, has the possibility to implement on its website a conversion code (hereinafter referred to as the “Conversion Code”), by means of which the E-shop will transmit to the Operator data about the Goods purchased by the Customer, the status of the order and the Customer’s e-mail address to the Operator’s database.
2. The e-shop is entitled to forward to the Operator by means of the Conversion Code the e-mail addresses of only those Customers who have not consented to the sending of commercial communications pursuant to Act No. 480/2004 Coll. on certain information society services. If the Customer objects to the processing of personal data and sending of commercial communications, the E-shop is obliged to inform the Operator immediately. The E-shop shall be fully liable for any damage incurred by the Operator in connection with a breach of the obligations under this paragraph of the Program Terms and Conditions. Questionnaires and evaluations will be available on zbozi.cz.
3. By implementing the Conversion Code, the E-shop undertakes that the Conversion Code is sent each time the Customer completes an order and that it will not in any way distort the data sent using it.
4. By implementing the conversion code, the E-shop undertakes not to influence Customers in their evaluation, e.g. by inviting Customers to positive evaluation or penalizing them for negative evaluation or filling in the evaluation by E-shop employees or persons authorized by the E-shop.
5. The Operator has the option to grant or withdraw the E-shop’s quality certificate based on internal criteria described in the Help, which take into account customer satisfaction with purchases in the E-shop. The E-shop will be entitled to use this certificate on the website of the establishment, including through other forms of communication. The E-shop will be informed about the granting or withdrawal of the certificate by electronic means to the contact e-mail address indicated in the Administration. In case of withdrawal of the certificate, the E-shop is obliged to stop using it without undue delay. The E-shop is not entitled to use the quality certificate in any other establishment than the one for which it was granted.
6. In case of violation of the Program Rules, the Operator is entitled to limit the benefits that the E-shop receives by participating in the Program until revocation.
IV. Personal data protection
1. If the processing of personal data occurs within the framework of the cooperation between the Operator and the E-shop according to these Terms and Conditions, then Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), Act No. 110/2019 Coll., applies to this processing of personal data, on the processing of personal data, Act No. 111/2019 Coll. amending certain acts with the adoption of the Act on the processing of personal data, and other legislation governing the protection of personal data (“Data Protection Legislation”).
2. The e-shop as the controller of the Customers’ personal data provides the Operator as the processor with the Customers’ e-mail addresses in order to enable the Operator to use them to contact the Customers of the e-shop with order satisfaction questionnaires and requests for evaluation of goods purchased in the e-shop operated by the controller. The E-shop acknowledges that the Operator is entitled to process the data transmitted via the Conversion Code by the E-shop only for these purposes.
3. The e-shop undertakes to comply with all obligations imposed on personal data controllers.
4. As a processor of personal data, the Operator undertakes not to disclose personal data to third parties and to comply with the terms of the legal regulations on the protection of personal data.
5. The Operator has adopted such technical and organizational measures to prevent unauthorized or accidental access to personal data, their alteration, destruction or loss, unauthorized transfers, other unauthorized processing, as well as other misuse of personal data.
6. More detailed information on the handling of personal data is provided on the Operator’s website in the relevant section.
V. Final Provisions
1. Matters not covered by these Program Terms and Conditions and the Zboží.cz Terms and Conditions of Service shall be governed in the alternative by the relevant legislation, in particular Act No. 89/2012 Coll., the Civil Code, as amended.
2. The Operator shall not be liable for any damage incurred by the Customer if the Customer is not informed in time of any changes to any of the above services simply because he/she does not use one of them.
3. The Operator has the right to unilaterally change these Program Terms and Conditions to a reasonable extent, even without prior notice. The Operator shall notify the E-shop of the change to the Terms and Conditions by means of a message sent to the e-mail used to log in to the E-shop account or to the contact e-mail of the E-shop if the E-shop has filled it in within its user account. If the E-shop does not agree with the change of the Terms and Conditions, it is entitled to reject such changes, terminate these Terms and Conditions and discontinue the use of this service, within 14 calendar days of the change of the Terms and Conditions, in writing to the Operator’s registered office.
4. The current version of the Terms and Conditions will always be available on the Zboží.cz help pages.
5. These Terms and Conditions shall take effect on 1 January 2021.