Terms of Service

Currently, the service is not available for use. Draft Terms of Use only.

These terms of use (hereinafter referred to as „ Terms of Use“) are related to use of Rodger© software provided by Dagital Solutions, s.r.o. with registered seat at Nové Záhrady I/9, 821 05 Bratislava – mestská časť Ružinov, Slovak Republic, Company ID IČO: 52 119 017 registered in the Commercial Registry kept by Bratislava I District Court under section Sro, insert no.: 133604/B, (hereinafter referred to as „we“ or „us“ or „ Provider“).

The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Website.

1. DEFINITIONS AND INTRODUCTORY PROVISIONS

1. Definitions. For the purposes of Terms of Use:

“Communication Services” may contain e-mail services, dash-board services, chat areas, or other message or communication facilities designed to enable you to communicate with others.

„GDPR“ means regulation no. 679/2016 general data protection regulation;

„Rodger “ means software tool provided by us primarily to enhance management of data subject´s requests raised with aim to apply the data subject´s rights according to Articles 15 to 22 GDPR and to support controllers in demonstrating the compliance with GDPR;

„Client“ means natural or legal person using Rodger software as provisioned in Terms of Use;

„Commercial code“ means act n. 513/1991 Coll. Commercial code as amended;

“Services” mean any individual services provided by Provider in connection with deploying rodger© software to individual environment and application layers of Client, namely customization, configuration of settings and consulting of specific issues;

„Parties“ mean jointly Provider and Client, each separately as „Party“;

„Website“ means website of Provider www.rodgerapp.com including sections and sub-sections.

2. Scope. These Terms of use apply to any client, potential client, anyone who violates them, helps to violate them to others and anyone who is familiar with the intellectual property of the Provider, regardless of whether the person has accepted the Terms of use or not. Anyone who accepts Terms of use automatically accepts these license terms. Additionally, these license terms apply to anyone who uses the intellectual property of the Provider or violates these License terms.

3. Acceptance of Terms of Use. Client accepts and is bound by Terms of Use:

a) by downloading and/or installing Rodger© software or using any substantial part of Rodger© software (e.g. source code)

b) by explicitly accepting Terms of Use when placing an order for provision of Rodger© software through the Website;

c) by accepting an offer of Provider´s Services, which refers to Terms of Use (including email);

d) visiting and using Website (only insofar as it relates to the use of Website);

e) in another way, which clearly indicates the Client's commitment to comply with Terms of Use.

4. Subject-matter of Terms of Use. The subject of these Terms of Use is to regulate the mutual rights and obligations of the Parties in providing the legal services of the Law office, regardless of whether they are performed via the Website or not. In the event of a conflict between Terms of Use and a separate legal service contract concluded between the Parties, the contract shall prevail. The subject of these Terms of Use are also other specific arrangements between the Parties relating in particular to the use of Website, documents and the intellectual property of the Law office.

5. Contact. General contact information of Provider: info@dagital.eu, 0911 195 133, Dagital Solutions, s.r.o., Nové Záhrady I/9, 821 05 Bratislava – mestská časť Ružinov, Slovak Republic. Parties are obliged to notify each other of the change of contact data, while the original contact information is valid until the new contact details are communicated. Until such change in contact details is notified to the other Party, the other Party may use the original contact details for any communication (whether written or electronic) hereof which is deemed delivered to the breaching Party even if returned as not delivered.

6. Oversight. In terms of processing of personal data, the relevant data protection authority is Office for the Protection of Personal Data of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27, Slovak Republic (www.dataprotection.gov.sk). In terms of consumer rights and e-commerce the relevant oversight authority is Slovak commercial inspection, P. O. BOX 29, Prievozská 32, 827 99 Bratislava (www.soi.sk).

2. SERVICES

1. Providing license for use of Rodger© Software as widget into the Client´s website. You can easily implement Rodger as widget to your own website and then use it based on our cloud platform (“Widget License”).

2. Providing license for use of Rodger© Software according to Client´s individual needs and requirements. If the Widget license is not suitable for You can specify your demands and ask for individual license anytime (“Individual License”).

3. Providing license for further developing and customization of Rodger© Software according to will and needs of Client. If you want to enrich our solutionsprovided within Rodger© Software for developing your own solutions, please ask for developer´s license (“Developer License”).

4. Individual customization of Rodger© Software according to Client´s requirements. If you want customizeRodger© Software during its deployment with your databases and internal systems, we can help and provide you with customized version which will be able export data from you CRM system or other core system important for processing of personal data (“Customization of Rodger”)

5. Individual configuration of Rodger© Software settings according to Client´s needs. If you have implemented legal policies related to data subject´s request we can configurate settings of Rodger in compliance with that (e.g. right access management for defined layers of users with different privileges within response procedures, internal periods for exercising of important actions etc.) (“Configuration of Rodger”).

6. Other services. Terms of Use also applies on other individually agreed services of Provider, if the Client demonstrably accept individual fee for such services (e.g. educational webinar, consultancy services related to GDPR, supporting services beyond SLA or other obligations of Provider pursuant these Terms of Use).

3. FEE & BILLING

1. Fee. The renumeration of the Provider´s Services is yet to be confirmed.

2. VAT. Upper stated amounts of fees are without value added tax (VAT), which is in Slovakia 20%.

3. Acceptance of the Fee. Services provided to the Client is agreed between the Parties, in particular in a separate contract, in the form of acceptance of Provider´s offer (including email acceptance) or by reference to the price offer provided on the Website (see point 3.1 of Terms of Use). Provider is entitled to request a reasonable advance from the remuneration.

4. Maturity & Billing. General Provider´s maturity of remuneration is 15 days unless otherwise agreed by the Parties in a separate agreement. Services are invoiced on a monthly basis unless the Parties have agreed otherwise or unless otherwise stated in Terms of Use. If Parties have agreed on a fixed fee, Provider issue just one invoice for whole amount of fixed fee immediately after the Acceptance of the Fee.

4. RIGHTS AND OBLIGATIONS OF PARTIES

1. Terms of Use and Licensing agreement. The Client is obliged to comply with Terms of Use, a special agreement with Provider and the Licensing agreement. In the event of a violation of Terms of Use, contract, or Licensing agreement, the Client is required to notify the Provider without delay. The provision of Services by Provider is never subject to the general business or other conditions of the Client or a third party.

2. No Unlawful or prohibited use of Rodger. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Provider´s server or server of Provider´s subcontractor (“Our server”) used for providing Rodger Software, or the network(s) connected to any such server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to Our server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

3. Use of Communication Services. You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

a) Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

c) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;

d) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;

e) Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

f) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar malware software or programs that may damage the operation of another's computer or property of another;

g) Advertise or offer to sell or buy any goods or services for any business purpose;

h) Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

i) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Rodger software or other material contained in a file that is uploaded;

j) Restrict or inhibit any other user from using and enjoying the Communication Services;

k) Violate any code of conduct or other guidelines and policies of Client which may be applicable for any particular Communication Service;

l) Harvest or otherwise collect information about others, including e-mail addresses if it is not necessary to exercise your duties and working tasks in order to response properly on the data subject request;

m) Violate any applicable laws or regulations;

n) Create a false identity for the purpose of misleading others;

o) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

4. Monitoring of communication. Provider has no obligation to monitor the Communication Services. However, Provider reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion, if it is technically feasible within Services. Provider reserves the right to terminate Client´s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Aspects of privacy are stipulated in Privacy Policy.

5. Requests of authorities. Provider reserves the right at all times to disclose any information as Provider deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Provider´s sole discretion.

6. Liability for content. Client is obliged always use caution when giving out any personal data in any Communication Services. Provider does not control or endorse the content, messages or information found in any Communication Services and, therefore, Provider specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; Client is responsible for adhering to such limitations. Provider apply mere conduit principle pursuant Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') and therefore we have no legal liability for the consequences of traffic delivered via networks . Provider is in no way involved with the information transmitted through Rodger© software; especially we do not modify the information that Rodger© software transmits as well as we not initiate such transmission or select the receiver of the transmission. Client is fully aware that is solely and exclusively liable for use of Rodger© software within Communication Services.

7. Confidentiality. Provider is obliged to maintain confidentiality about the facts which it has learned in connection with providing Services about the Client. The duty of confidentiality does not apply to the cases of a lawful obligation of Provider. The duty of confidentiality applies to all personnel used for providing Services (e.g. employees, advisers, co-operating lawyers, sub-contractors, etc.). The duty of confidentiality persists even after any Termination (as defined below).

8. References. The Client agrees that Provider may disclose the following information about the Client in connection with provision of Services.

“Business name of Client / Client´s Group / official graphic brand or logo of Client / written references related to satisfaction with Rodger provided by suitable representants of Client.“

9. Liability for damage. Provider shall be liable to the Client for any damage caused by the provision of Services. Client is responsible to Provider in particular for damage caused by breach of the Licensing agreement or Terms of Use.

10. Marketing Materials of Law office. Terms of Use (Licensing agreement) also applies to the use and dissemination of presentations and marketing materials of the Law office which, without the explicit written approval of the Law office, is not entitled to be accessed, disseminated or published to any third party.

5. PROCESSING OF PERSONAL DATA DURING PROVIDING SERVICES

1. For the processing personal data during providing Services has the Client position of controller pursuant Article 4 (7) GDPR (“Controller”) and Provider has position of processor pursuant Article 4 (8) GDPR (“Processor”) by default and therefore Parties agrees with following fulfilling of requirements stipulated in Article 28 (3) GDPR in these Use of Terms:

2. Purpose of the processing. The Controller hereby appoints the Processor to process the personal data for the purpose: Management of data subject´s requests on behalf of the Controller in compliance with this agreement, GDPR and instructions of the Controller.

3. Nature of personal data processing. The nature of personal data processing is determined by the relation between data subject and Controller who processing personal data of natural persons including the data subject for own purposes of processing. The processing of personal data involves use of Rodger© software for management of data subjects request for applying the rights according to Articles 15 to 22 GDPR.

4. Duration of data processing: During the duration of the using of Services according to this Use of Terms by Controller or until the Controller instructs the Processor to terminate the processing of personal data on a particular day.

5. Types of personal data. Processor process only common contact and identification personal data of data subjects. Parties do not foresee processing of special categories of personal data pursuant to the Article 9 of the GDPR or personal data about criminal convictions pursuant to the Article 10 of the GDPR, unless otherwise provided by the Controller's instructions.

6. Categories of data subjects. Data subjects are: a) natural person who submit through any request through Rodger©Software, b) Controller´s users of Rodger©Software with granted access rights.

7. Rights and obligations.

a) Documented instructions. The Processor shall process personal data only in accordance with the documented instructions of the Controller with regard to cross-border transfer of personal data to third country or international organization except where required by Union law or the law of the Member State to which the Processor is subject. If this is the case, the Processor shall inform the Controller about the legal obligation prior to processing unless it is not restricted by law due to public interest. The Controller's order or the email instruction shall be considered as a documented instruction.

b) Confidentiality. The Processor shall maintain confidentiality about personal data obtained from or on behalf of the Controller and to ensure that authorized persons (e.g. employees or other processors) are obliged to maintain confidentiality of the Controller's processed personal data.

c) Security of personal data. The Processor has implemented appropriate security measures under Art. 32 of the GDPR.

d) Cooperation. The Processor is obliged to assist the Controller in fulfilling the Controller's obligation to respond to requests for exercise of the rights of the data subjects and other obligations of the Controller under Art. 32 to 36 of GDPR taking into account the nature of the processing and the information available to the Processor.

e) Requests of data subjects. The Processor itself is not entitled to respond to requests of data subjects of the Controller and any requests of data subjects related to the Controller delivered to the Processor shall be immediately forwarded to the Controller. The Processor is required to provide assistance to the Controller in case of any dispute or proceeding concerning or relating to the processing of personal data under this agreement.

f) Termination. The Processor shall either erase or return personal data to the Controller and delete existing copies (if EU law or national law does not require the retention of such personal data) upon termination of provision of processing services based on the decision of the Controller.

g) Personal data breach notifications. The Processor shall notify the Controller of any suspected personal data breach [1] without undue delay (within 24 hours). The Processor is not entitled to report personal data breaches relating to this agreement to the supervisory authority or data subjects. If there is a breach of personal data concerning the Processor, the Processor shall document the breach in accordance with Art. 33 (5) of The GDPR and provides the documentation to the Controller.

h) Audits. The Processor shall provide the Controller with all the information necessary to demonstrate compliance with the obligations in Art. 28 GDPR and allows audits as well as inspections performed by the Controller or other auditor entrusted by the Controller and contribute to them. The costs of audits are solely a matter of Controller and Processor may claim compensation for own costs resulting from audits (e.g. lost time of its personnel, restriction of providing Services for other clients).

i) Own purposes. The Processor may process personal data collected under this Terms of Use as the controller for his own purposes of processing personal data, only if there will be sufficient legal ground for processing pursuant Article 6 GDPR and all data subjects will be properly informed in compliance with Article 14 GDPR.

j) Communication. Regardless the provisions of the Main Contract, the Parties shall communicate through the contact details listed in the header of this agreement, including email communications in case of any questions relating to this agreement and protection of personal data.

k) Cross-border transfer.The Processor shall transfer personal data outside EU/EAA only if adopt appropriate legal safeguards according to Article 46 GDPR in relation to the data importer in third country which doesn´t ensure adequate level of personal data protection or into the country, territory or sector covered by adequacy decision of European Commission issued pursuant Article 45 GDPR.

l) Sub-processors. The Processor shall follow conditions of engagement of another processor set out in Art 28 (2) and (4) of GDPR. The Processor remains responsible to the Controller in respect to the processing undertaken via sub-processors as it was the Processor´s performance of this agreement. The Processor declares to use only the following sub-processors for the processing of personal data under this agreement and if the sub-processor changes the Processor shall require the prior approval of the Controller concerning the change. The Processor warrants to the Controller that these sub-processors provide sufficient guarantees and that appropriate technical and organizational measures are in place to ensure that the processing complies with the GDPR requirements and to ensure the protection of the rights of the data subjects.

6. DURATION AND TERMINATION

1. Duration. The duration of the relationship between Provider and the Client in general lasts during using Services and paying the Fee in compliance with Terms of Use or may be defined separately in the specific agreement concluded between Parties over the framework of this Use of Terms. The Fixed Term renews automatically and repeatedly unless one of the Parties provides the other with written notice of its intention not to renew at least 30 days prior to the next renewal.

2. Termination. If the Client uses Services for unspecified term (“Unspecified term”), Client has option to terminate by giving one-month prior notice. If the Client uses Services for fixed term, (“Fixed term”) he has no option to prematurely terminate by notice and termination will occurred by end of the agreed period of time.

3. Return of consideration. In case of any termination of the Terms of Use, the Parties will not return any already provided performance of the Terms of Use including already paid Fee(s). Termination of the Use of Terms is without prejudice to the obligation of the Client to pay the Fee for already provided Services prior to the termination on a pro-rata basis.

4. Provider´s withdrawal. Provider may terminate the Use of Terms, if the Client breaches these Terms of Use or if Provider reasonably believes the Client breaches these Terms of Use.

7. FINAL PROVISIONS

1. Applicable Law and Jurisdiction. These Terms of Use as well as the Individual Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the Slovak laws. Parties agree that Slovak courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. Parties agree that Commercial Code as the subsidiary legal act is applicable to these Terms of Use or any other relations between Parties including disputes.

2. Privacy and personal data protection. For more information please see ourPrivacy Policy.

3. Licensing agreement. These Terms of Use also include the Licensing agreement. Reference to Terms of Use also means reference to the Licensing agreement.

4. Change of Terms of Use. Provider may change these Terms of Use at any time from any reason by publishing a new version of these Terms of Use on Website. From the provisions of these Terms of Use, the Parties may derogate by the agreement, including the agreement by email.

In Bratislava on 1 may 2019

Dagital Solutions, s.r.o.

Currently, the service is not available for use. Draft Terms of Use only.