GENERAL TERMS AND CONDITIONS

 

of Diametral as

with its registered office at Václava Špačka 1759, 193 00 Prague 9 - Horní Počernice

IČ: 04434374, DIČ: CZ04434374

entered in the Commercial Register kept by the Municipal Court in Prague under file number B20964

for the sale of goods through an online store located at the Internet address "www.virbuster.cz"

 

1. INTRODUCTORY PROVISIONS

1.1. These business conditions (hereinafter referred to as "business conditions") of the company Diametral as, with its registered office at Václav Špaček 1759, Prague 9 - Horní Počernice, identification number: 04434374, entered in the Commercial Register kept by the Municipal Court in Prague under file number B20964, “Seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter the “Civil Code”) the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter "Purchase contract") concluded between the seller and another natural person (hereinafter "buyer") through the online store of the seller. The internet shop is operated by the seller on a website located at the internet address (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").

1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.

1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

 

2. User account

2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The buyer is not entitled to allow the use of the user account to third parties.

2.5. The seller may cancel the user account, especially if the buyer does not use his user account longer than, or if the buyer violates his obligations under the purchase agreement (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

 

3. Conclusion of the purchase contract

3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.

3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:

  • 3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

  • 3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

  • 3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").

 

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "" button. The data listed in the order they are deemed correct by the seller.

3.6. Sending an order is considered to be an act of the buyer that unequivocally identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the parties. The condition for the validity of the order is the completion of all mandatory data in the order form, acquaintance with these terms and conditions on the website and confirmation of the buyer that he has read these terms and conditions.

3.7. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail, to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.8. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.9. The draft purchase contract in the form of an order is valid for fifteen days.

3.10. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.

3.11. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the buyer an amended offer to the buyer's e-mail address stating possible variants of the order and request the buyer's opinion.

3.12. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded only by acceptance of the buyer by e-mail.

3.13. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.

 

4. Price of goods and Payment terms

4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:

  • 4.1.1. in cash at the seller's premises at;

  • 4.1.2. in cash on delivery at the place specified by the buyer in the order;

  • 4.1.3. cashless transfer to the seller's account number 272097176/0300, kept with ČSOB as (hereinafter referred to as the "seller's account");

  • 4.1.4. cashless through a payment system;

  • 4.1.5. cashless payment card;

  • 4.1.6. through a loan provided by a third party.

4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within days of concluding the purchase contract.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller pays value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.

 

5. Withdrawal from the purchase contract

5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract:

  • 5.1.1. on the supply of goods, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract,

  • 5.1.2. on the supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the seller,

  • 5.1.3. on the delivery of goods that have been modified according to the wishes of the buyer or for his person

  • 5.1.4. on the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery,

  • 5.1.5. on the delivery of goods in a closed package, which the buyer removed from the package and for hygienic reasons it is not possible to return,

  • 5.1.6. on the delivery of an audio or video recording or a computer program, if it has violated their original packaging,

  • 5.1.7. on the supply of newspapers, periodicals or magazines,

  • 5.1.8. on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller informed the buyer before concluding the contract that in such a case he has no right to withdraw from the contract.

5.2. If it is not a case referred to in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.

5.3. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract may be sent by the buyer to the address of the seller's establishment or registered office. The provisions of Article 11 of these Terms and Conditions apply to the delivery of withdrawals from the contract.

5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.

5.5. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.

5.6. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.

5.7. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.

5.8. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return given a gift.

 

6. Transport and delivery of goods

6.1. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.

6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.

6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

 

7. Rights from Defective Performance

7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:

  • 7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of the advertising made by them,

  • 7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,

  • 7.2.3. the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

  • 7.2.4. the goods are in the appropriate quantity, measure or weight; and

  • 7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the buyer, or if it follows from the nature of the goods.

7.4. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.

7.5. The buyer exercises the rights arising from defective performance with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.

7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

 

8. Other rights and obligations of the contracting parties

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods

8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.

8.3. The out-of-court settlement of consumer complaints is provided by the seller via an electronic address. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.

8.4. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of ​​personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

8.5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

 

9. Protection of personal data

 

GDPR statement

 

10. Sending business messages and storing cookies

10.1 The Buyer has been acquainted with the possibility of sending commercial communications, for which his consent as an authorized person is required. This consent is unconditional, unambiguous, revocable, free and contains all information about the controller of his personal data.


10.2 The Buyer was acquainted with Cookies, which are small text files that are stored in a device (computer, mobile device or other device that allows access to the Internet) by which the Buyer uses the e-shop VIRBUSTER.cz, and if he does not delete them after leaving our site , are used again during his next visits. Cookies are used to improve the functionality of the site and simplify its next visit, especially for the following activities:

- Save preferences and settings that allow websites to work properly.
- login and authentication - if you still don't want to login and logout, you don't have to, thanks to cookies
- security - we use cookies to detect fraud and misuse of websites
- analyzes - we use cookies to collect data for our analytical tools
- marketing - we use cookies to evaluate our marketing campaigns or to address customers
- social networks - some content from our site can be shared with his friends
Despite the above, based on cookies, we are not able to identify you at the level of a specific individual.

10.3 The buyer was acquainted with the possibility of refusing to use a cookie, which he can delete using his browser. Instructions on how to handle cookies and how to delete them can be found in the "Help" menu of your web browser. In this case, however, it is possible that some parts of our site will not be displayed correctly, their browsing will be more complicated and the offer of products corresponding to the needs of the buyer will not be displayed.

10.4 If the buyer uses our website without changing the settings, we will use it in agreement with the use of cookies on our website.

 

11. Delivery

11.1. Notices concerning the relationship between the seller and the buyer, in particular concerning the withdrawal from the purchase contract, must be delivered by post in the form of a registered letter, unless otherwise stipulated in the purchase contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to have been received and effective upon delivery by post, except for notice of withdrawal by the buyer where withdrawal is effective if the notice is sent by the buyer within the withdrawal period.

11.2. A notice whose acceptance was refused by the addressee, which was not collected during the storage period or which was returned as undeliverable is also considered delivered.

11.3. The contracting parties may deliver ordinary correspondence to each other via e-mail, to the e-mail address specified in the buyer's user account or specified by the buyer in the order, resp. to the address listed on the seller's website.

 

12. Final provisions

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require a written form.

12.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

12.4. The appendix to the business conditions is a sample form for withdrawal from the purchase contract .

12.5. Contact details of the seller: Diametral as, Václava Špačka 1759, Prague 9 - Horní Počernice, postal code 19300, e-mail: info@diametral.cz, phone: +420 222 360 423 (Monday - Friday from 8:00 to 16:00)

 

DECLARATION ON THE PROCESSING OF PERSONAL DATA

 

Declaration on the processing of personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and the instruction of data subjects (hereinafter "GDPR")

 

Personal data controller

Personal data controller:

Diametral as,
with its registered office at Václava Špačka 1759, 193 00 Prague 9 - Horní Počernice,
conducted by the Municipal Court in Prague, Section B, Insert 20964,

represented by Vít Majtás, CEO

Company ID: 044 34 374
VAT No .: CZ 044 34 374

(hereinafter referred to as the "Administrator")

hereby informs data subjects, in accordance with Article 12 of the GDPR, of the processing of their personal data and of their rights.

 

Scope of personal data processing

Personal data are processed to the extent that the competent data subject has provided them to the controller, in connection with the conclusion of a contractual or other legal relationship with the controller, or otherwise collected by the controller and processed in accordance with applicable law or to fulfill legal obligations .

Sources of personal data

  • directly from data subjects (eg registration, e-mails, telephone, chat, website, contact form on the web, social networks, business cards, contracts, consents, video recording via the administrator's technical equipment, etc.)

  • from public records - for the purposes of this document, public records are:

    • public register according to Act No. 304/2013 Coll., on public registers of legal and natural persons, as amended, ie. federal register, foundation register, register of institutes, register of associations of unit owners, commercial register and register of public benefit companies;

    • other registers in the sense of No. 111/2009 Coll., on basic registers, as amended

Categories of personal data that are subject to processing by the administrator

  • Identification data contact details

  • descriptive data

  • transaction data

  • product specifications

Categories of data subjects

The data subject is the natural person to whom the personal data relate, namely:

  • employee of the administrator

  • job seeker with the administrator

  • contractual partner of the administrator (natural person - entrepreneurial, non-entrepreneurial)

  • entity in a pre-contractual relationship with the administrator (customer before accepting the order, inquiring, etc.)

  • party to the proceedings

  • intervener

  • the person concerned is involved

  • applicant

  • interviewer

  • payer

  • recipient

  • authorized

  • compulsory

  • damaged

Categories of processors and recipients of personal data

  • state administration bodies

  • local authorities

  • public constitution

  • banking institutions

  • insurance companies

  • external entity providing services to the administrator in various areas (health and safety, accounting, training, education, carriers)

Purpose and reasons for processing personal data

Personal data is processed by the administrator:

  • with the consent of the data subject

  • when performing the contract with the data subject

  • when implementing measures taken before the conclusion of the contract at the request of the data subject

  • due to the fulfillment of the legal obligation applicable to the administrator (including archiving on the basis of the law)

  • in order to protect the vital interests of the data subject or another natural person

  • by reason of the performance of a task carried out in the public interest or in the exercise of official authority for which the administrator is entrusted

  • due to the legitimate interest of the administrator or a third party (including archiving based on the legitimate interest of the administrator)

Reasons for processing special categories of personal data

  • express consent of the subject,

  • fulfillment of obligations in the field of labor law, social security law and social protection,

  • the protection of the vital interests of the data subject or of another natural person where the data subject is not physically or legally competent to give his or her consent,

  • OU clearly published by the data subject,

  • determining, enforcing or defending legal claims or in court proceedings,

  • significant public interest,

  • archiving in the public interest, for scientific or historical research purposes or for statistical purposes

Method of processing and protection of personal data

The processing of personal data is performed by the administrator. Processing is carried out in its premises, the registered office of the administrator by individual authorized employees of the administrator, or processor. The processing takes place through computer technology, or also manually for personal data in paper form in compliance with all security principles for the management and processing of personal data. To this end, the controller has taken technical and organizational measures to ensure the protection of personal data, in particular measures to prevent unauthorized or accidental access to, alteration, destruction or loss of personal data, unauthorized transfers, unauthorized processing and other misuse of personal data. All subjects to whom personal data may be made available respect the right of data subjects to privacy and are obliged to proceed in accordance with the applicable legal regulations concerning the protection of personal data.

Time of processing personal data

In accordance with the deadlines specified in the relevant contracts, in the administrator's internal regulations or in the relevant legal regulations, this is the time strictly necessary to ensure the rights and obligations arising from the contracts, legitimate interests and the relevant legal regulations.

Rights of data subjects

  1. In accordance with Article 12 of the GDPR, the controller informs the data subject of the right of access to personal data and to the following information:

    • the purpose of processing,

    • the category of personal data concerned,

    • the recipients or categories of recipients to whom the personal data have been or will be disclosed,

    • the planned period for which the personal data will be stored,

    • all available information on the source of personal data,

    • if they are not obtained from the data subject, whether there are automated decisions, including profiling.

  2. Any data subject who discovers or suspects that the controller or processor is processing his personal data which is contrary to the protection of the data subject's private and personal life or contrary to law, in particular if the personal data are inaccurate with regard to their purpose processing, can:

    • Ask your administrator for an explanation.

    • Require the administrator to remove the condition. In particular, it may involve blocking, correcting, supplementing or deleting personal data.

    • If the data subject's request is found to be justified, the controller shall immediately rectify the defective condition.

    • If the controller does not comply with the data subject's request, the data subject has the right to contact the supervisory authority, which is the Office for Personal Data Protection.

    • The data subject has the right to contact the supervisory authority directly without taking any previous steps.

  3. The controller shall provide information and communication to data subjects in a concise, transparent, comprehensible and easily accessible manner using clear and simple language. The CONTROLLER may provide information and communication to data subjects in writing, where appropriate also electronically or orally, provided that he verifies the identity of the data subject concerned.

  4. The controller is obliged to respond to the request of data subjects for information without undue delay, but no later than within 1 month of receiving such a request. In justified cases, the administrator may extend this period, but by no more than 2 months. The controller shall inform the data subject of the extension, also within 1 month of receiving the data subject's request, and shall inform the data subject of the reasons for the extension. In the event that the data subject submits a request for information and communication electronically, the ADMINISTRATOR shall provide it to him electronically, unless the data subject requests another way of providing information and communication, eg in writing.

  5. If the data subject requests the controller to take certain measures (correction of his personal data, their deletion, etc.) and the controller does not take such a measure, he shall inform the data subject without delay, no later than 1 month from the request to take the relevant measure, including the reasons for non-implementation. measures as well as information on the possibility of the data subject to file a complaint with the Office for Personal Data Protection, or go to court.

  6. The information and communication shall be provided by the controller of the data subject free of charge. In the event that the data subject makes repeated requests, or if such requests are unfounded or disproportionate, the controller may reject the data subject's request or impose a reasonable fee covering the administrative costs of providing information and communication or implementing the required measures. The controller must be able to substantiate the unfoundedness or disproportionate nature of the data subject's request.

  7. In the event that the controller obtains personal data directly from the data subject, he shall communicate the following information when obtaining them to the data subject:
    (a) the identification and contact details of the administrator and any representative of the administrator;
    (b) the purposes of the processing for which the personal data are intended and the legal basis for the processing;
    (c) the legitimate interests of the controller or of a third party where processing is necessary for the purposes of the legitimate interests of the controller or of a third party;
    (d) any recipients or categories of recipients of the personal data;
    (e) the controller's possible intention to transfer personal data to a third country or international organization and the existence or non-existence of a European Commission decision that that third country or international organization provides adequate protection for personal data, a reference to appropriate safeguards and means of obtaining a copy of such data or information; where this data was made available.

  8. If it is necessary to ensure fair and transparent processing, the controller shall provide the data subject with other information, in particular the processing time of personal data, or criteria for its determination, as well as information on the data subject's right to correct personal data, their deletion, etc.

  9. In the event that the controller does not obtain personal data directly from the data subject, he shall communicate the information referred to in paragraph 7 (a) upon receipt of the data subject. a), b), d) and e), or and other information pursuant to paragraph 8.

  10. The controller shall inform the data subject of any change in the purpose of the processing of personal data whenever it occurs.

  11. The controller shall, upon request, provide the data subject with a confirmation as to whether the controller processes personal data relating to him and, if so, ensure that the data subject has access to that data and to the following information:
    (a) the purposes of the processing;
    (b) the categories of personal data concerned;
    (c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or in international organizations;
    (d) the planned period for which the personal data will be stored or, if this cannot be determined, the criteria used to determine this period;
    e) the existence of the right to request from the CONTROLLER the correction or deletion of personal data concerning the data subject or the restriction of their processing or to raise an objection to such processing;
    f) the right to lodge a complaint with the Office for Personal Data Protection;
    (g) all available information on the source of the personal data, if not obtained from the data subject.

  12. The controller is obliged to provide the data subject with a copy of the processed personal data in accordance with the obligations set out in paragraph 11. The administrator may charge a reasonable administrative fee for providing copies in accordance with the previous sentence.

  13. The controller is obliged without undue delay to correct inaccurate personal data concerning the data subject, to supplement incomplete personal data, even by providing an additional statement.

  14. The controller is obliged to delete personal data concerning the data subject without undue delay if one of the following reasons is fulfilled:
    (a) personal data are no longer needed for the purposes for which they were collected or otherwise processed;
    (b) the data subject withdraws the consent if the personal data have been processed on the basis of that consent and there is no other legal reason for the processing;
    (c) the data subject objects to the processing and there are no overriding legitimate reasons for the processing;
    (d) the personal data have been processed unlawfully;
    e) personal data must be deleted in order to fulfill a legal obligation stipulated by the law of the European Union or the legal order of the Czech Republic.

  15. In the event that the controller has disclosed the personal data of the data subject and is obliged to delete them, the controller must take (taking into account available technology and costs) reasonable steps to inform other controllers processing the personal data that the data subject is requests that they delete all references to such personal data, copies thereof and replications.

  16. The controller is not obliged to fulfill the obligations under paragraphs 14 and 15 if the processing of personal data is necessary for him, eg to fulfill a legal obligation requiring the processing of personal data by European Union law or the Czech law applicable to the controller, or for determination, exercise or defense of their legal claims, etc.

  17. The controller is obliged to restrict the processing of personal data of the data subject if:
    (a) the data subject denies the accuracy of the personal data for the time necessary for the controller to verify the accuracy of the personal data;
    (b) the processing is unlawful and the data subject refuses to delete the personal data and requests instead that their use be restricted;
    (c) the controller no longer needs the personal data for processing purposes, but the data subject requests them for the determination, enforcement or defense of legal claims;
    (d) the data subject has objected to the processing pursuant to paragraph 19 of this Article of the Directive until it is verified that the legitimate reasons of the controller for processing outweigh the legitimate reasons of the data subject.

  18. In the event that the controller has restricted the processing of personal data pursuant to the previous paragraph, such personal data may be processed only with the consent of the data subject, or for the purpose of determining, exercising or defending legal claims, for the protection of other natural or legal persons. interest of the European Union or of a Member State of the European Union.

  19. The controller shall inform the data subject in advance of the lifting of the restrictions on the processing of personal data pursuant to paragraph 17.

  20. The controller is obliged to notify individual recipients of any corrections or deletions of personal data, restrictions on the processing of personal data, except in cases where this proves impossible or requires a disproportionate effort. The controller shall also inform the data subject of these recipients, if the data subject so requests.

  21. In the event that the data subject objects to the processing of personal data by the Owners' Community, which the controller processes for the legitimate interests of the controller or a third party, the controller shall not further process personal data on the basis of this objection, unless it demonstrates serious legitimate reasons for processing which outweigh the interests. or the rights and freedoms of the data subject, or for the determination, exercise or defense of legal claims. The controller must inform the data subject of this right at the latest when communicating with the data subject for the first time.

Verification of the identity of the data subject

  1. In the event that the controller receives a submission from a natural person - a data subject to whom, in accordance with 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, repeal of Directive 95/46 / EC (hereinafter referred to as "GDPR")
    a) exercises the right of access to his personal data, and / or,
    (b) request the execution of a request for confirmation that the controller is processing personal data concerning the applicant within the meaning of the GDPR, and / or
    c) requests free copies of the processed personal data and / or,
    d) requests communication of which categories of personal data are processed and / or
    e) requests communication of the purpose for which the personal data are processed and / or
    (f) requests communication of the planned period for which the personal data will be stored or, if this cannot be determined, the criteria used to determine this period, and / or
    g) requests information on whether (and under what conditions) it may request the controller to correct or delete personal data, restrict their processing, or whether and how the data subject may object to the processing of my personal data, and / or
    (h) request information on whether (and how) the data subject can lodge a complaint with the supervisory authority and who is that supervisory authority, and / or
    (i) request the communication of all available information on the source of the personal data concerning the data subject, if not obtained directly from him / her, and / or
    (j) request information on whether the processing of the data subject's personal data also involves automated decision-making, including the profiling referred to in Article 22 (1) and (4) of the GDPR, and at least in these cases further requests the provision of meaningful information on the procedure used; as well as the significance and expected consequences of such processing for his person, and / or
    k) requests communication of who are the recipients of the personal data of this data subject, or requests the indication of their categories to which his personal data have been or will be made available, and / or,
    (l) request communication from recipients from third countries and international organizations who have had or will have access to the personal data of the data subject, and / or
    m) requests the provision of information regarding guarantees pursuant to Article 46 of the GDPR in the event that personal data are transferred to a third country or an international organization,
    the administrator is always obliged to sufficiently verify the identity of the applicant before processing the above applications. If the administrator has doubts about the identity of the applicant, he has the right to request from the applicant the additional information necessary to confirm his identity (Article 12 (6) of the GDPR).

  2. In case of doubts about the identity of the applicant, the administrator is entitled to request from this person:
    a) sending the application with a verified signature of the applicant in case the applicant has made the application in paper form,
    b) sending an application with an electronic signature, ie with data in electronic form, which are attached to the data message or are logically connected to it, and which serve as a method to unambiguously verify the identity of the signatory in relation to the data message
    c) sending the application by data box, if the applicant has established it

  3. The administrator is not entitled to request additional information to verify the identity of the applicant, especially in cases where:
    a) at the relevant time (ie the time of submission of the relevant application) the administrator processes the email contact as personal data of the applicant from whom the relevant application was sent
    b) the administrator processes the applicant's telephone number at the relevant time, then calls this telephone number to verify the applicant's identity and, in agreement with the applicant, sends the required information or other facts concerning personal data processing electronically to the applicant's email address or in writing to the address given by the applicant,
    c) the administrator has the possibility to verify the identity of the applicant in another way (eg through public registers, existing communication)
    (d) the applicant has made the application in person before the relevant employee of the administrator or another person authorized by him.

Final Provisions

The statement is publicly available on the administrator's website: www.diametral.cz
The last update of this Statement was made on 24.5.2018.