Acceptance of Terms and Conditions
The owner and provider of the domain automobilist.com (the “Website”) is the company Unique & Limited s.r.o., ID No.: 241 99 699, with its registered seat at Mikovcova 548/5, Vinohrady, 120 00, Praha 2, a limited company registered at the Municipal Court in Prague under the file C 187973 (the “Unique & Limited”). Unique & Limited provides this website and the Online Store in support of its charitable and educational mission to further the understanding and appreciation of art by the public. BY ACCESSING THE UNIQUE & LIMITED WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms and Conditions”). UNIQUE & LIMITED MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE UNIQUE & LIMITED WEBSITE NOW AND REFRAIN FROM FURTHER USE.
Protection of Privacy and Processing of Personal Data
Unique & Limited is committed to protecting the privacy of the Website visitors and customers (hereinafter the “Clients”) in accordance with applicable laws and regulations, most notably the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 (hereinafter the „GDPR“).
Unique & Limited, as the controller, processes the personal data of its Clients in the manner and in accordance with the principles set out herein. Unique & Limited processes for the following purposes the following categories of Client’s personal data (hereinafter also the “personal data”):
- For the purpose of processing and completing an inquiry made by the Client:
- Name and surname;
- ID number;
- Phone number;
- Other information the Client chooses to disclose to us when making the inquiry.
- For the purpose of allowing for the proper functionality and optimalization of the Website:
- IP address;
Unique & Limited hereby undertakes to process the personal data in accordance with following standards:
- When processing and preserving the personal data, Unique & Limited shall adhere to all applicable laws and regulations.
- The personal data of Clients shall always be used and processed only in the manner and for purposes about which the Clients were duly informed beforehand.
- Unique & Limited shall put in place all appropriate technical and organisational measures in order to protect the privacy of their Clients and to prevent any breaches of safety with regards to the processing of the personal data.
- The Clients shall always have the option to contact Unique & Limited by simple means in order to exercise their rights pursuant to GDPR, either in writing on the address of Unique & Limited’s registered seat or by email on email@example.com. It is also possible to contact Unique & Limited by phone on +420 603 339 725.
In cases of processing personal data for the purpose of completing an inquiry made by the Client, the legal basis for the processing shall be Art. 6 par. 1 let. b) of the GDPR, as the processing is necessary for the performance of a contract, in order to take steps prior to entering into a contract, to offer goods or services in connection with the contract, for the purposes of invoicing, or in order to pursue any claims connected with the performance of the contract.
The Clients hereby acknowledge that if the contract in question shall be entered into, Unique & Limited is entitled to process the personal data pursuant to the Art. 6 par. 1 let. f) of the GDPR for the purposes of informing the Client about any relevant offers about new products or services. The legitimate interest of Unique & Limited shall in this case be the interest in direct marketing towards its current customers.
Unique & Limited processes personal data on the same legal basis (Art. 6 par. 1 let. f) of the GDPR) also in cases of processing for the purpose of allowing for the proper functionality and optimalization of the Website. The legitimate interest of Unique & Limited shall in this case be the interest in proper functionality of the Website and the optimalization of its services based on the analysis of statistical data. The Clients hereby acknowledge their right to object to any processing based on the legitimate interest of Unique & Limited pursuant to Art. 21 of the GDPR.
Unique & Limited hereby informs the Clients that the Personal data shall be provided to the following recipients:
- the employees of Unique & Limited, who have been properly instructed in the area of protection of personal data;
- the provider of the MailChimp marketing platform, the company The Rocket Science Group Llc, GA 30308;
- the providers of statistical and analytical tools used for the functionality of the W
- ebsite as well as the optimalization of Unique & Limited services;
- the providers of tools used for remarketing and personalised advertisement;
- the providers of payment gateway services;
- the providers of delivery services;
- the providers of marketing and PR optimalization services;
In order to make use of the MailChimp marketing platform, the Controller intends to transfer the Personal data outside of the EU, to USA. The provider of the platform is currently certified within the EU-US and Swiss-US Privacy Shield Framework.
Unique & Limited processes the personal data for the duration of the contractual relationship between it and the respective Client. The Client hereby acknowledges that in certain circumstances the term of processing can be longer than the duration of the contractual relationship, especially in cases of pursuing any claims resulting from any breach of the respective contract. Unique & Limited hereby undertakes that the term of processing of the personal data will not exceed the statutory statute of limitations of 10 years.
The Clients hereby acknowledge that they have following rights pursuant to the GDPR:
- the right to request from Unique & Limited the information regarding the processing of personal data;
- the right to request from Unique & Limited the rectification of personal data;
- the right to request from Unique & Limited the erasure of personal data without any undue delay. Unique & Limited has the duty to erase the personal data in cases accounted for by the GDPR;
- the right to request from Unique & Limited the restriction of processing of personal data in cases accounted for by the GDPR;
- the right to request from Unique & Limited the information concerning the provision of personal data to any third parties;
- the right to request from Unique & Limited access to their personal data;
- the right to request from Unique & Limited the personal data in a structured, commonly used, machine-readable and interoperable format, and to transmit it to another controller in cases accounted for by the GDPR.
- in cases of any doubts concerning the compliance with the obligations of Unique & Limited regarding the processing of personal data, the right to complain either with Unique & Limited or with the Office for personal data protection in the Czech Republic.
Unique & Limited hereby informs the Clients that the processing does not involve automated decision-making, including profiling, referred to in Art. 22 of the GDPR.
The Client hereby undertakes to provide the personal data to Unique & Limited always in true and correct form and to inform Unique & Limited about any changes in his/her personal data without any undue delay.
All Content is Protected by Copyright Laws
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Unique & Limited Website are protected by copyright laws and may be covered by other restrictions as well. Unique & Limited retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, Unique & Limited. Unique & Limited expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.
Reservation of Rights
All rights not expressly granted by Unique & Limited herein are specifically and completely reserved. Nothing on the Unique & Limited Website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Unique & Limited has authority to grant any right or license on behalf of any third party.
Unique & Limited respects the intellectual property of others, and we ask users of the Unique & Limited Website to do the same. We may, in appropriate circumstances and at its discretion, take reasonable steps to disable and/or terminate access to the Unique & Limited Website of users who may be repeat infringers of copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to Unique & Limited:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Unique & Limited Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Warranty and Indemnification
By using the Unique & Limited Website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold Unique & Limited, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Unique & Limited Website.
DISCLAIMER OF WARRANTIES
UNIQUE & LIMITED PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. UNIQUE & LIMITED DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. UNIQUE & LIMITED DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. UNIQUE & LIMITED MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. UNIQUE & LIMITED ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
LIMITATION OF LIABILITY
NEITHER UNIQUE & LIMITED, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
Severance and Waiver
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Unique & Limited’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Unique & Limited.
Alternative Dispute Resolution
Unique & Limited hereby informs all consumers that, in accordance with the § 14 of Act no. 634/1992 Coll. on Consumer Protection, as amended, for any conflicts arising out of the relationship between Unique & Limited and the consumers, they are entitled to request a non-judicial dispute resolution with the Czech Trade Inspection Authority. The website of the Czech Trade Inspection Authority is http://www.coi.cz. This provision shall not apply to any relationship Unique & Limited has with business providers.
These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.