Vistag Terms of Service
Company Leybly s.r.o., registered with the Commercial Register kept by the Municipal Court in Prague, Section C, insert 268463,
with its registered office at: Pernerova 676/51, Praha 8, Czech republic,
company ID: 056 56 346
(hereinafter the „Leybly“)
1. Who are we and what we do?
We are Leybly s.r.o. and we offer services for monitoring traffic of your online content.
1.1. Leybly runs a web portal at the address www.vistag.com, which provides an user interface serving for monitoring traffic of the web content, anonymised data collection and monitoring patterns of visitor ́s behaviour at the monitored websites and their content (hereinafter the „Service “).
1.2. In case you decide to use our Services, you will get access to
- your user interface;
- a uniquely generated code (hereinafter the„code“) in order to place it into the monitored content you select;
- statistical data about patterns of visitor ́s behaviour at the monitored content.
1.3.The contract between Leybly and you and relations arising from it are governed by these Terms and Conditions of Use and respectable laws, particularly by the Act No. 89/2012 Sb., the Civil Code.
2. How much will you have to pay for the Service?
Nothing. The registration and the use of our Service is free.
3. How does the user account work?
After inserting your personal accessing information and choosing your password you can set up and manage the monitored content whenever you want at the website address vistag.com. In the process of the registration, we kindly ask you to insert up-to-date information and to respect regulations binding for users – whether the regulations we set by these Terms of Service, or regulations set by applicable laws in particular countries.
3.1. After completing the registration process you will get access to your user interface (hereinafter the„User Account“).
3.2. You are obliged to provide data to your User Account which are accurate and veritable and to keep them up to date.
3.3. Access to your User Account is always secured with an username and with a password.
3.4. We kindly ask you to take into account the fact that the User Account, the web portal or the Service does not have to be constantly available, particularly in relation with the necessary maintenance of hardware and software facilities, eventually the necessary maintenance of hardware and software facilities of our sub suppliers. Leybly is not responsible for damage caused by eventual unavailability.
3.5. In case of violating the terms set by Leybly is Leybly entitled to close your User Account after previous notice.
3.6. In case Leybly suspect that you might be violating laws or the third party rights within the use of Service, Leybly is entitled to suspend the access to your User Account or to close your User Account. However, in that case you are not entitled to compensation.
4. Who is responsible for what?
4.1. You are liable for the fact that your inserted code and its continuous use does not interfere with third party rights, that it does not infringe another‘s intellectual property rights, personal data protection, another’s industrial property, rights of designation, that you are not breaching applicable laws or good morals. In case you cause damage to Leybly by interfering with another’s rights, you are obliged to provide compensation for damage including non-pecuniary damage.
4.2. Leybly is not liable for damage arising from the use of Service except for intentionally caused damage.
4.3. We kindly ask you to bear in mind that Leybly is entitled to edit, change or cancel Services in case of the prospective change of circumstances.
4.4. We kindly ask you to bear in mind that while using the web portal and Services you are also bound by terms and policies of the Facebook service provider, which you can find at the address https://www.facebook.com/policies/ and https://www.facebook.com/page_guidelines.php (these terms may be changed without previous notice).
5. Protection of users’ personal data in registration and service orders
When registering into the user account, the inserted personal data are processed. This processing is essential for opening and functioning of the user account. If you would like to know more about the processing, please read the following information or contact us.
5.1. Within the meaning of Regulation (EU) 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, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “Regulation”), the Leybly processes the following user’s data: first name, surname, address, registered office, company identification number, tax identification number and e-mail address.
5.2. The first name, surname, e-mail address, phone number, company identification number, tax identification number and registered office must be processed for the purposes of the user account administration and service provision. Such processing is provided for in Article 6(1)b) of the Regulation. These personal data will be processed by Leybly for the duration of the active use of the User account and then for 3 years from the last access to the user account, but for at least 3 years from the User account opening.
5.3. In addition to the above personal data, Leybly may also process data related to the service provision (such as visitor summation, number of clicks etc.) that may constitute personal data. In such a case, processing is again possible under a service agreement and is provided for in Article 6(1)b) of the Regulation. Leybly further processes these data and retains them in an anonymised form for the period of 3 years in order to produce global statistics for it’s statistical and analytical purposes. Such processing is possible under Article 6(1)f) of the Regulation - due to the legitimate interest of Leybly. You have the right to raise an objection to such processing by contacting us at e-mail address firstname.lastname@example.org
5.4. Commercial messages will be sent to the user’s e-mail address, which procedure is provided for in Section 7(3) of Act No. 480/2004 Coll., on Information Society Services, unless the user disagrees with the receipt of such commercial messages. These communications can only relate to similar services and can be unsubscribed at any time by sending an e-mail or by clicking on a link in the commercial message.
5.5. The user acknowledges that, under the Regulation, he/she has the right to:
- Request Leybly to inform the user what personal data of the user Leybly processes,
- Request access to the personal data and have them updated or rectified, or require restriction of the processing,
- Raise an objection to processing based on the legitimate interest of Leybly,
- A copy of the personal data processed,
- Data portability if processed automatically,
- Require Leybly to erase the personal data - unless they are personal data that Leybly is obliged or authorised to further process according to the relevant legal regulations; the erasure will result in the cancellation of the User account,
- Effective judicial protection if the user believes that his/her rights under the Regulation have been violated as a result of the processing of his/her personal data contrary to the Regulation,
- In the case of doubt regarding the compliance with obligations related to the personal data processing, contact Leybly or the Office for Personal Data Protection.
5.6. In the event the user, in the user account settings, grants consent to linking his/her user account and a Facebook page to which the user has authorised administrative access, he/she thereby agrees that the Facebook social network Leybly may have access to the content and data related to the user account and that Leybly may have access to the content and data related to the Facebook account.
6. Are you a consumer?
If you use our Service for your personal purposes, see your rights granted by Czech legislation.
6.1. Provisions of this section will apply only in case that you enter the contractual relation with Leybly exclusively as a consumer: that means a person, who acts out of the frame of an entrepreneurial activity or out of the frame of a self-employment.
6.2. A consumer has according to the Civil Code a right of withdrawal from a contract within a period of 14 days from concluding the contract without giving any reason.
6.3. A consumer has under the Act No. 634/1992 Sb., on Consumer Protection, a right to extrajudicial resolution of consumer disputes arising from the contract. In that case, a consumer is entitled to approach The Czech Trade Inspection Authority (Central Inspectorate “Ústřední inspektorát“– Section ADR, residing at the address Štěpánská 15, 120 00 Praha 2,email: email@example.com, web: adr.coi.cz). Extrajudicial resolution of consumer disputes is initiated exclusively on a request of a consumer, in case that the dispute was not successfully resolved directly with the provider. The request can be submitted within the period of 1 year beginning from the day of the first set up of a consumer’s claim, which is a subject of the dispute, to the provider. A consumer is entitled to initiate extrajudicial resolution of disputes online via the platform ODR available at the web page ec.europa.eu/ consumers/odr/.
7. Processing of data obtained from implementation of the code
In order to provide you with our services, we need to collect information about the visitor behaviour on the monitored website and its content. In some cases, this may involve personal data. In that case, we provide such data to users in anonymised form, mainly through global statistics. As we provide this service based on the user’s order, the user is the data controller and we act as data processors for this activity. Please read the terms of our processing below.
7.1. This paragraph on the processing of personal data is governed by Article 28 of the Regulation and applies only where the controller processes personal data for the user in the context of the provision of its services.
7.2. The user (hereinafter the “Data Controller”) and Leybly (hereinafter the “Data Processor”), under a contractual relationship based on these Terms and Conditions, shall cooperate in the field of service provision/use. In the framework of this cooperation, the personal data of visitors of the Data Controller’s website are or may be transferred; the purpose of their processing and the funds for such processing shall be determined and provided by the Data Controller, and the Data Processor shall further process the personal data for the Data Controller within the limits of these Terms and Conditions.
7.3. The Data Processor is authorised to process data on the behaviour of visitors on the monitored website and its content for the Data Controller in the context of providing the service if these constitute personal data (hereinafter the “Personal Data”).
7.4. The disclosure of the Personal Data is made by the Data Controller placing on its website a unique code generated by the Data Processor for tracking content, which may include the recording of Personal Data, among other things. The Data Processor may then process and deliver these to the Data Controller through the user interface in the form of anonymised outputs.
7.5. The Data Processor processes the Personal Data only for the purpose of enabling the provision of the service. The Data Controller is authorised to expand the purpose of the processing in accordance with the law, where the instruction for further processing can be communicated to the Data Processor only in written form.
7.6. The Data Processor undertakes to take technical, organisational and other measures to prevent unauthorised or accidental access to the Personal Data, their modification, destruction, loss or other unauthorised use of the Personal Data. The Data Processor undertakes, in particular, to:
- Use secure access to the PC where access to the PC will only be known to the Data Processor or persons authorised by the Data Processor;
- Use secure access to the Personal Data database; the access data must be entered so that they are not displayed, saved or made available to any third party;
- For the processing, use software and services that meet standard data security requirements and also meet the standards established by the European Union;
- Use appropriate security tools, such as encryption or other appropriate and necessary means, depending on the particular actions and data;
- Not allow access to the data to third parties unless such access is approved in writing by the Data Controller or arises from these Terms and Conditions;
- Comply with data confidentiality;
- Process only the Personal Data for the purposes defined in these Terms and Conditions and only to the extent necessary to achieve the objective - provide the service;
- Not associate Personal Data that have been obtained for different purposes;
- Retain the Personal Data only for a period of time specified in the Data Controller’s reporting obligation unless this is inconsistent with the Data Processor’s legitimate interests.
7.7. The Data Processor is obliged to ensure that the employees and other persons authorised by the Data Processor to process the Personal Data only process the Personal Data to the extent and according to these Terms and Conditions and the Regulation.
7.8. The Data Processor undertakes, at the Data Controller’s request, to rectify, update, erase or relocate the Personal Data as instructed by the Data Controller without undue delay after any such request if such a request is justified and technically feasible without expending unreasonable effort.
7.9. In the event an objection of the data subject under Article 21(1) of the Regulation addressed to the Data Processor is found to be justified, the Data Processor undertakes to rectify the defective situation to the technically feasible extent without undue delay upon the receipt of the written request of the Data Controller.
7.10. The Data Controller agrees that the Data Processor is authorised to entrust the processing of the Personal Data to another data processor without any additional specific explicit permission from the Data Controller (hereinafter the “Sub-Processor”). The Data Processor shall inform the Data Controller of any Sub-Processors that the Data Processor intends to charge with the processing of the Personal Data, and shall thus give the Data Controller the opportunity to voice objections to the acceptance of such Sub-Processors. Please note, however, that the non-involvement of any such Sub-Processor may affect the scope of the services provided. The Data Processor currently uses the following Sub-Processors, to which the Data Controller agrees:
- Cloud Services
- Accounting Services
7.11. Unless the Data Controller raises its objections to the Sub-Processors within three business days, the Data Processor shall be authorised to charge the Sub-Processor with the processing of the Personal Data. If the Data Processor engages the Sub-Processor to perform certain processing activities, the Sub-Processor must be subject to the same personal data protection obligations as set out in these Terms and Conditions and the Regulation.
7.12. The Data Processor undertakes to provide the Data Controller with all the information necessary to demonstrate that the obligations set forth in these Terms and Conditions or the Personal Data Regulation have been fulfilled, and to allow the Data Controller to perform audit in a reasonable scope. The audit must be justified, must be notified sufficiently in advance, at least 2 months prior to the audit, and must not unduly interfere with the Data Processor’s activities. The audit costs that are not incurred by a clear violation of the Data Processor’s obligations shall be borne by the Data Controller.
7.13. If the Data Processor violates its obligations under this article or the Regulation, the Data Processor shall be held liable for any damage resulting from such a breach to an extent commensurate with the nature, gravity and duration of the breach, taking into account the nature, extent or purpose of the processing, the number of data subjects concerned and the degree of damage caused by that breach.
8. General provisions
In the future, Leybly is entitled to change the terms of service. In case the change of the terms happens, Leybly will sent you an e-mail and it is up to you, whether you decide to accept the new terms or whether you prefer to stop using the Service. You also give consent to the fact that Leybly will further use data, collected by you during your use of the Service, in their anonymised form. In case of eventual dispute between you and Leybly within the frames of using the Service, the dispute will be resolved by judiciary of the Czech republic under laws of the Czech republic.
8.1. Leybly is entitled to change the terms of service. In case this situation happens, you will be given a notice of the change of the terms of service. The notice will be sent to an e-mail address stated in your User Account. The continuous using of the Service by you after publication of the changed terms of service means that you approve the changes. However, you are entitled to refuse the changes in a way that you will stop using the Service after notification of the change.
8.2. You accept and oblige not to access the Service and the web portal with any automatized system (“robot”, “spider”, etc.), with the exception of indexing “robots” of the searching services.
8.3. If our contractual relation includes an international element, then we stipulate by these terms, that the law of the Czech republic is the applicable law. Eventual disputes will be resolved by judiciary of the Czech republic.
8.4. If any provision of these terms is or becomes invalid or unenforceable, then such invalidity or unenforceability does not affect validity of any other provision.
8.5. You give Leybly consent to further use of anonymised data, which will be collected within the frame of using the Service in the User Account, for Leybly’s commercial and marketing purposes. You also give consent to further collecting of anonymised data, linking them with another data and then making them accessible to third parties.
These terms of Service become effective on 12.9.2017.