I. Introductory Provisions

1. The Mapotic service (also referred to as the “Service”) is designed as an online platform for businesses, organizations, or individuals who can create interactive maps and upload content that they can then access to other third-party users via a web interface or a mobile application.

2. The service was created and operated by Mapotic s.r.o. (hereinafter referred to as “Mapotic”). Mobile applications, web applications and all related software are author’s works within the meaning of Act No. 121/2000 Coll., on copyright, and it enjoys protection according to the stipulated law.

3. With regard to the way the Service works, i.e. the content of uploaded information and photographs is reviewed by the Service users, Mapotic is not responsible for the authenticity and accuracy of the information contained in the application. Therefore, Mapotic calls for maximum prudence and caution when using all information.

4. An application user is anyone who uses the Service or accesses its interface and content. If a person wants to register, they must be over 16 years of age. Younger persons can register only with Mapotic approval and have the consent of their legal representative.

5. When using the Service, the user must comply with these terms. When using the Service the user expresses his/her consent to these Terms of Service/contractual conditions.

6. The service must not be misused by users in any way, such as interfering with them in an illegal way, attempting to gain access other than through a specified interface. Users may use the Service within the limits of applicable laws and regulations. In the event of a breach of the terms of these Terms of Service or of any other inappropriate behavior, Mapotic is entitled to suspend or terminate the Service, and may claim damages to the User.

7. By using the Service, the User does not acquire any intellectual o rights either to the Service or to any content entered by other users.

8. Mapotic may send notifications and other information to the Users of the Service.

9. In order to access all functions in the use of the Service, the account created by the User registration is necessary. The user is required to provide the correct information when registering and is required to protect account access information. The user is fully responsible for the activity running from the account.

10. Any user uploading content to the Service must ensure that this content does not violate any laws, no other person’s rights, or etiquette. The user who creates a map that other users to contribute to it must ensure that the content on the map that it is based on will not violate any laws, no other person’s rights, or etiquette.

11. Mapotic may at any time remove any content uploaded to the Service by Mapotic or any user, without giving any reason. Mapotic may remove the content, in particular, if it is requested by a person for reasons of alleged interference with the rights of the person. Mapotic will endeavor to inform the User who uploaded the content and or who created the map.

II. Licence to Use the Work

1.The user submitting information via the web or through the mobile application declares that he/she is the author or authorized user of the inserted content, that is, the image or images, the video, the accompanying text, including the verbal designation of the site, if it is not a place generally known with a topographical designation, which he calls it here. The User is fully aware that (in its entirety) it is an author’s work within the meaning of Act 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Laws (all collectively referred to as the “Work” ).

2. If the user is not the author of the Work or if the copyright belongs to a third person or a co-author, the User declares that he or she is authorized to act to the extent necessary to enable him/her to use the Work in the sense and scope here.

3. By uploading the Work through the web interface or mobile application, the user provides to the maximum extent required by Act No. 121/2000 Coll. a free of charge worldwide valid license for all uses of the Work to Mapotic. The User explicitly agrees to host, store, reproduce, create related works, display in public, distribute and incorporate the Work, albeit modified in accordance with Article II, paragraphs 6 and 7, into the Mapotic Service. The licence persists even after the user ceases to use the Service.

4. The User is aware that publishing the Work through the Service is comparable to placing it in a public space, taking into account Section 33 of Act No. 121/2000 Coll.

5. The User agrees that the Work may be unrestrictedly made available to the public through the Service or any other application or website operated by Mapotic. Likewise, Mapotic may, even for a fee, grant a sublicence under the user’s licence to use the Work or to assign the granted licence. In this case, the user does not claim any remuneration to the Work due to his ownership rights.

6. The user grants permission for any modifications (amendments) by the Mapotic verbal part of the Work, including the dissociation of this part of the Work from the published rest. Mapotic adjustments will be made especially if it is necessary to maintain the general principles and rules of morality and decency as well as if necessary for better comprehensibility or if it is appropriate for the rules of the Czech spelling and the principles of the standard Czech language. The same applies to the verbal designation of the “Work”.

7. The user grants permission to make any necessary adjustments to the visual aspect of the Work, in particular to ensure better image quality and clarity. The user agrees, if necessary for formatting purposes or to preserve the uniformity of the Mapotic application, to reduce resolution, compress or even to partially separate (delete) the image of the Work.

8. The user grants permission to Mapotic to completely remove the Work from the Service, especially when the work does not comply with applicable law, good manners, or may cause third party damage. Mapotic may remove the Work without giving a reason.

9. The user is aware that if the Work is published on the www.mapotic.com website or on another operated Mapotic site, the author may be listed as the author of the work as follows: name and surname given at registration or username (nickname).

10. By uploading a Work, the user grants a worldwide valid licence for all uses of the Work to the other users of the Application via the Service free of charge. Expressly the user agrees to host, store, reproduce, and create related works by other users as well as public display, distribution, and incorporation of the Work, albeit altered to the Service. Licences to other users persist even after the user ceases to use the service. The user also authorizes other users to export and use data for their own purposes as well as he/she has the right to work with Works embedded by other users.

11. Licences granted by the User under these Terms and Conditions are granted for the entire duration of the ownership of the Work and are granted free of charge.

12. The user declares that if a person is under the age of 18, he / she provides a licence stated above with the permission of his / her legal representatives.

III. Personal Data

11. The Privacy Policy for using the Service is described in the Privacy Policy document.

12. A user who processes other people’s personal data within his / her map through the Service is a personal data administrator. Mapotic handles personal data in the Service in compliance with the administrator as a processor. In such a case, the user as Administrator and Mapotic as the Processor conclude a personal data processing agreement that forms an annex to these Terms and Conditions. This agreement is concluded in electronic form once these terms and conditions between the user and Mapotic take effect. If the user and Mapotic conclude or will conclude another processing agreement, such other agreement shall prevail over these Terms and Conditions.

IV. Other Provisions

1. If the Service requires related download software, the software may be updated automatically, with some services enabled to customize the update.

2. Mapotic grants a user a worldwide non-exclusive licence to use the Service limited to the use of the Service by the User in accordance with these terms and conditions. It is not permitted to modify, adapt, copy or rent the service or any part thereof. Except for a written permission, it is not allowed to perform a reverse analysis of the source code or to use its parts.

3. Some parts of the Service may be offered under an open source licence and may contain provisions that are superior to these Terms of Service.

4. The service is subject to constant development and upgrading, new features can be added, the existing ones can be edited. The service may be suspended or terminated at any time, new restrictions may be added to the Service, as well as its current restrictions may be modified.

5. If the Service is terminated, users will be notified in advance and will be able to obtain (export) their uploaded data if such a procedure is possible and purposeful.

6. Without Mapotic’s consent, the Service cannot be used to display or send unsolicited commercial communication (spam).

7. Mapotic and its subcontractors do not disclose any warranties in connection with the operation of the Service except those expressly provided in these Terms and Conditions. Certain derived warranties may be provided in the jurisdictions of certain countries, but Mapotic disclaims all warranties, including liability for lost profits, loss of data, loss of revenue, or any other damage incurred, to the extent permitted by law. The total liability for any claim made under these terms and conditions is limited to the amount paid by the User for the use of the service.

8. Basic functions within the service are provided free of charge with certain limitations. The above-standard features or options may require payment according to valid price lists. Advertisements, commercial communications, or connections to affiliate networks or other monetization mechanisms may appear in the service.

9. Mapotic defines the right to modify or update these Terms and Conditions at any time.

10. These Terms and Conditions and the relationship between Mapotic and the user are governed by the Czech law, regardless of where access to the Service is made.

Annex 1 – Agreement on the Processing of Personal Data

Data Processing

Collaboration

Use of the Mapotic Service operated by the Processor, by the Administrator

Object and Nature

The processing of personal data that occurs within Collaboration

Categories of Subjects

People whose data is on the Administrator’s map

Purpose of Processing

Processor’s Service Provision towards the Administrator within Collaboration

Type of Personal Information

Contact and other information on the map

Other Processors

IT Providers and other Support Services of the Processor

Processing Outside the EEA

No. The processor works with data only in EEA countries.

Minimal Technical and Organizational Measures

HTTPS / TSL encryption is used to protect data sent between users and the Service. In the application itself and in the development of the Service encryption technologies for passwords and sensitive data are used.

Introduction

 

Administrator and Processor are in the Collaboration relationship. The Processor provides the Managers with the performance specified in the Collaboration documents. In the context of performance, the Processor works with personal data managed by the Administrator. Under the EU Regulation 2016/679 (GDPR), the Administrator and the Processor must conclude this agreement.

For the purpose of this agreement, personal data is considered to be the personal data processed by the Processor for the Administrator as a processor within the meaning of GDPR. This does not affect the possibility for the Processor to process the same personal data at the same time as an administrator. Such processing is not covered by this Agreement.

GDPR Compliance

The Administrator and the Processor are obliged to process personal data in connection with Collaboration in accordance with the legal regulations, in particular in accordance with GDPR.

Rights and Duties of the Administrator

The administrator is required to specify the purpose of the processing of personal data. The Administrator is authorized to provide the Processor with instructions on the nature, scope and means of processing personal data. If the Processor considers that some of the instructions or their components are incompatible with the GDPR, he / She will inform the Administrator.

Notification and Cooperation

 Events and Deadline

The processor shall notify the Administrator immediately, but no later than within 48 hours if he / she finds or reasonably believes any of the following

  • failure to comply with the provisions of this agreement or the GDPR or other data protection legislation, or
  • violation of personal data protection.

Scope of Notification

In the notification, the Processor will provide the Administrator with the following information:

  • date and time of the incident,
  • description of the incident,
  • the names of the persons whose personal data may be affected by the incident and the categories of personal data affected by the incident.

Collaboration

The Processor will provide full assistance to the Administrator to investigate such cases, take appropriate corrective action, and, at his / her, in cooperation with the Administrator, delivers all necessary legal notice to the affected persons and / or administrations, and provide the necessary information.

Requests and Inquiries

The processor shall notify the Administrator immediately, but no later than within 3 days

  • complaints or requests from data subjects (e.g. correction, deletion and blocking of data) in relation to personal data, and
  • notification by orders or requests by the relevant supervisory authorities or courts in relation to personal data.

In these cases, the Processor will ask the Administrator for instructions.

Obligations of the Processor under Article 28 of GDPR

(1) Processing Only as Directed by Administrator

The processor will process the personal data only according to the instructions of the Administrator. Such an instruction may also be the ordering of services within the Cooperation or Collaborative Communication

(2) Secrecy

The processor shall ensure that persons authorized to process personal data are bound by confidentiality or subject to the statutory duty of confidentiality.

(3) Security

The processor shall consider the state of the art, the costs of execution, the nature, extent, context, purpose of the processing, the probability and seriousness of the risk to the rights and freedoms of natural persons, and shall take appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including the measures proposed above.

(4) Other Processors

The administrator agrees that the Processor will involve the other processors listed above. Other Processors may not engage the Processor without the prior permission of the Administrator.

Every other processor must have at least the obligations that the Processor has under this contract.

If the other processor fails to fulfill his / her obligations in the field of data protection, the Administrator shall be fully responsible for the fulfillment of the obligations of the other processor concerned.

(5) Collaboration in Fulfilling Information and Other Obligations towards Data Subjects

The Processor will take into account the nature of the processing and will assist the Administrator, through appropriate technical and organizational measures, if possible, to fulfill the Administrator’s duty to respond to the data subject’s requests for data rights set out in Chapter III of the GDPR, in particular the right to information and other rights of data subjects.

(6) Collaboration in Meeting Security and Other Measures

 The processor shall take into account the nature of the processing and the information in his possession and shall assist the Administrator in ensuring compliance with Articles 32 to 36 of GDPR, in particular the security, reporting and reporting obligations, privacy and consultations with the Office for Personal Data Protection.

(7) Deletion

Upon termination of the Collaboration the Processor, based on the Administrator’s instructions, will either erase the Personal Data or return them to the Administrator and delete the copies unless it is legally obliged to keep such data.

(8) Audit

The processor shall provide the Administrator with all the information necessary to demonstrate that the obligations laid down in this agreement and the GDPR have been fulfilled, and shall enable the auditors to perform inspections carried out by the Administrator or his / her appointed person and assist them in such audits.

 

Final Provisions

Privacy

The parties have agreed that all personal data transmitted and transmitted by the parties in connection with the implementation of the Collaboration in any form is confidential (Confidential Information). Each party undertakes to keep Confidential Information secret and not to disclose it to any person without the prior written consent of the other party. The party may disclose confidential information to its authorized other processors under the terms of this agreement.

Duration

This agreement is concluded for the duration of the Collaboration.

Note: If you wish to make a separate processing agreement as a user and personal data administrator, we have prepared a template here.

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