General Terms and Conditions of TEMPEST a.s. for the Internet Portal www.cvakapp.sk and the Mobile Application CVAK (hereinafter referred to as "GTC")
I. Introductory Provisions
1.1. These GTCs are governed by the legal relationships between TEMPEST a.s. with the seat Galvaniho 17/B, 821 03 Bratislava, Company ID 31 326 650, incorporated into the Business register of the District Court Bratislava I, section: Sa, number: 3771/B, www.tempest.sk (hereinafter referred to as "Registrar") and a card holder registered on the site www.cvakapp.sk or via the CVAK mobile application in order to process payments for services offered by the partners of the Registrar in the Internet environment (hereinafter "Services"). For the purpose of these GTC, the Registrar's partner is considered every subject whose services can be paid via the mobile CVAK app (further „Partner” or "Provider"). These GTC do not regulate legal relations between the Provider of the services and the Cardholder.
1.2. For the purpose of these GTC, Registration is understood as a process of providing data about a payment card and a cardholder or other authorized person (the "Cardholder") on www.cvakapp.sk or via the mobile CVAK app in order to authorize a payment card and to enable payments to be made by the bank via a registered payment card for services in the Internet environment. However, Registration will be carried out only if the payment card is positively authorized by the bank. The cardholder is aware and agrees by performing a credit card registration that subsequent payments for the Services by the registered card will be initialized by Registrar. The credit card holder agrees with the credit card registration and with providing of all personal data.
1.3. For the purpose of these GTC, the application CVAK is a mobile application with the name "CVAK" developed for platforms (operating systems) iOS (iPhone) and Android (other smartphones) that can be downloaded and installed from Google Play or Apple Store (hereinafter "CVAK Application"). There is required an active data connection to download, install and actively use this application (internet on mobile).
1.4. By registering a credit card, or by making a payment using the registered payment card, there is no legal relationship between Registrar and the holder of the registered credit card derived from ordering or payment for the services provided by Partners of the Registrar. These GTC explicitly state that the Registrar is not the Services Provider, and it is not responsible for providing the services ordered by the holder of the registered payment card. By the registration of the payment card, the payment card holder does not conclude any contract related to services offered by Partners of Registrar. Legal relationships between the Cardholder and the Partner are governed by the relevant business terms of the Partner or by generally applicable laws.
1.5. The Registrar is not responsible for any costs of the Cardholder related to using application features.
II. How to Register a Payment Card
2.1. The Cardholder registers the payment cards by filling in the electronic form provided on the Registrar's website www.cvakapp.sk in the manner defined in the following provisions of this Article II. As a part of the registration of the payment cards, the Cardholder enters his/her e-mail address, the login, the password and the password confirmation, and he/she agrees with these GTC.
2.2. The Cardholder fills in all required items listed in the form including data about the payment card required for the card authorization with the bank. Before final submission of the form, the Cardholder has a possibility to check the entered data and if necessary to change them. After verification of the entered data and optional altering, the Cardholder finally confirms entered data and expresses consent with these GTC.
2.3. Upon positive payment card authorization by the bank, the Registrar registers the payment card. From the moment of registration, the Cardholder is authorized to pay for the Services. By the registration the Cardholder inherently agrees with billing of the payments by the Registrar for the benefit of the respective Provider.
2.4. If the Registrar has a reasonable doubt about the completeness, accuracy, veracity and / or timeliness of the data provided in the registration form or even without legitimate doubts, the Registrar is not obliged to make the card registration; in this case the Cardholder will be immediately notified.
2.5. The Cardholder whose registration is being processed, agrees with blocking of € 1,01 in order to complete the Payment Card Registration. In order to successfully perform the Registration, the payment card must support the service Registration according to these GTC by the card issuer. The Registrar is not responsible for the ability of the payment card to be the subject of a successful Registration.
2.6. Registration via a mobile phone is possible after installing and opening of the mobile application CVAK. As part of the registration, the Card holder will enter an email address, the chosen login, password and password confirmation and at the same time will agree with these GTC. In order to sign up, it is needed to click on the "Register" button. After registration, an activation link is sent to the email address stipulated by the Cardholder.
III. Consumer Rights to Withdraw from Registration
3.1. Registration can be cancelled on-line at www.cvakapp.sk/profile by clicking on the "Deactivate Account" button.
IV. Consumer Information about the Possibility to Use an Alternative Dispute Resolution
4.1. A cardholder who is a consumer has a right to contact the Registrar with a request for redress (by e-mail to info email@example.com) if he/she is not satisfied with the manner in which the Registrar processed his/her claim or if he/she believes that his/her rights have been breached. If the Registrar responds negatively or does not respond at all to the request within 30 days of its dispatch, the Cardholder who is a consumer has a right to file a petition for an alternative dispute resolution by an ADR entity (hereinafter referred to as the "ADR Entity") pursuant to Act no. 391/2015 Z.z. on alternative dispute resolutions of consumer disputes and on the amendment of some laws, as amended. ADR entities are bodies and authorized legal entities under Section 3 of Act No. 391/2015 Z.z. The proposal may be made by the Cardholder which is a consumer in a manner determined pursuant to § 12 of Act no. 391/2015 Z.z.
4.2. A Cardholder who is a consumer can lodge a complaint through the RSO Alternative Dispute Resolution Platform, available online at: http://ec.europa.eu/consumers/odr/index_en.htm.
4.3. An alternative dispute resolution can only be used by a consumer - a natural person who does not take a part in the course of business, employment or occupation when he/she concludes and performs a consumer contract. An alternative dispute resolution only concerns disputes between the consumer and the Registrar resulting from a consumer contract or a consumer contract. Alternative dispute resolution applies only to contracts closed remotely. An alternative dispute resolution does not apply to disputes with the value of dispute not exceeding EUR 20.
V. Final Provisions
5.1. These GTC are binding from the date of their publishing on the website of the Registrar www.cvakapp.sk The Registrar is entitled to update these GTC at any time unilaterally by publishing new GTC on the Registrar's site; the Cardholder agrees with this.
5.2. By registering, the Cardholder grants to the Registrar in accordance with Act no. 122/2013 Z. z. on the Personal Data Protection and with Amendments to Certain Acts, as amended (the "Personal Data Protection Act"), consent to the processing of the personal data provided at registration as well as to the processing of other data of non-personal nature for the purpose of payment card registration and subsequently for executing payments for Services offered by Providers in the Internet environment as well as for the purpose of contacting and sending information to the Registrar including sending this Registrar's information to the Cardholder by electronic means (in particular e-mail, text messaging, telemarketing). This consent to the data processing for the purposes stated in the preceding sentence is granted by the Cardholder to the Registrar until its revocation. The Cardholder has a right to withdraw the consent at any time by sending a written notice of withdrawal of this consent to the Registrar's e-mail address: firstname.lastname@example.org or by sending a written withdrawal of consent to the address of the Registrar referred to in the clause 1.1. of these GTC. The Cardholder grants this consent voluntarily.
5.3. The person making the payment card registration declares that he/she is the right holder of the card, respectively the person authorized to make a credit card registration, and that the information given at the time of registration is correct. The Cardholder understands that he/she has rights with respect to the personal data protection under Section 28, Section 29 and the related provisions of the Personal Data Protection Act. In the event that the Registrar would process incorrect personal data or if the Cardholder had other doubts about the breach off the Personal Data Protection Act in relation to the processing of his/her own data, the Cardholder is entitled to request the Registrar to clarify and require the Registrar to remedy such a situation, in particular, he/she is entitled to request blocking of inaccurate or incomplete personal data, correction, completion or deletion of personal data in accordance with the Personal Data Protection Act. If the Registrar fails to comply with this request, the Cardholder is entitled to contact the Office for Personal Data Protection. The Cardholder may contact the Office for Personal Data Protection with the issue directly. The Cardholder also acknowledges and gives the Registrar permission to use the e-mail address provided to the Registrar for direct marketing i.e. for sending of the Registrar's business announcements offering similar services in accordance with Act No. 351/2011 Z.z. on electronic communications, as amended. In the event that the recipient of such electronic mails does not wish to receive such business announcements, he/she is entitled to reject such business mails at any time by sending an email containing rejection of business notifications to the following e-mail address: email@example.com.
5.4. Hereby, the Registrar informs the consumer, in accordance with the applicable laws, that the authority exercising supervision over the protection of consumer rights is the Slovak Trade Inspection, Prievozská 32, 829 99 Bratislava 27.The publishing day on the Registrar's website - 01. 10. 2016.