Contractual Terms and Conditions for Advertisers
Contractual terms and conditions laying down the conditions of use of the Seznam Sklik service provided by Seznam.cz, a.s.
The text below is the text of the “contractual terms and conditions” which the Customer using the Sklik service agrees to comply with by their acceptance (hereinafter the “Conditions”). In the event of violation thereof by the Customer the Operator of the Seznam Sklik service, the joint-stock company Seznam.cz, a.s., can apply the measures defined herein.
Part 1. Definitions
- The Seznam Sklik service is a promotional service operated by Seznam.cz, a.s., running and available at (URL): http://www.sklik.cz. The Seznam Sklik service permits keyword-targeted advertising.
- Advertisements mean individual promotional messages in the form of a text advertisement or graphic advertisement entered in the Seznam Sklik service.
- The Seznam Sklik service is operated by Seznam.cz, a.s., a joint-stock company with its registered seat at Radlická 3294/10, 150 00, Prague 5, business ID 26168685, a company entered in the Commercial Register maintained by the Municipal Court in Prague in File no. B 6493 (hereinafter the “Operator“).
- A customer using the Seznam Sklik service is a registered user of the Operator’s service who is either advertiser publishing a keyword-targeted advertisement or any other supported type of advertisement on the internet servers specified by the Operator (hereinafter the “Customer”) or an agency establishing its user account for the purpose of using the Seznam Sklik services for its clients on the website http://www.sklik.cz belonging to the Operator (hereinafter the “Sklik Account“).
- A user is a user of the Worldwide Web called the Internet who is the target of an advertisement published through the Seznam Sklik service, and a Registered User of the Operator is a registered user of Operator-provided services with a user name (email address) and password for the purpose of using the Operator’s services. A Registered User of the Operator may use the Seznam Sklik service as its Customer using his user name (email address) and password for the purpose of the Sklik Account.
- A partner is an operator of a website where the advertisements of the Seznam Sklik service are displayed.
- The interface is the web interface available at (URL) www.sklik.cz, allowing the use of the Seznam Sklik service through a Sklik Account.
- Servers are websites of the Operator or of the Partners where advertisements are displayed within the reserved advertising space as promotional communications.
Parts 2. Rules of Seznam Sklik Service Use
- The Operator hereby agrees to display on the Servers the text provided by the Customer or graphic advertisements entered by the Customer via the Interface under the defined terms and conditions. The Operator hereby agrees to make such an interface available to the Customer at www.sklik.cz. The Customer may enter advertisements and keywords via the Interface, group them in sets and campaigns, and set their price limitations and other properties offered by the Operator.
- The Advertisements will be displayed on the Servers and will be keyword-targeted, i.e. searched on the basis of keywords entered by Users in search engines or keywords included in the respective website. The Operator shall be entitled to offer just selected Servers for the display of the Customer’s advertisements or target them other than to a query entered by a user. The Operator shall decide about the location of the advertisements on the Servers and their graphic design. The Operator is entitled to extend the campaign setting of the Customer in the Sklik interface with other servers permitting advertising by the Seznam Sklik system, or narrow the setting down by removing servers that will no longer display Sklik advertisements. The Customer shall be entitled to change or limit such extension.
- The Customer shall pay per “click”, i.e. an individual click of a User on the Customer’s advertisement, or per display of the advertisement; the Customer can choose between these. The per-click or per-display price, paid for every 1,000 cases, shall be specified by Seznam Sklik without ever exceeding the preset maximum click or display prices set by the Customer at its discretion on the basis of the offer of the Seznam Sklik service. The summary price charged per week for clicks or displays of a campaign shall not exceed seven times the daily budget set by the Customer for the campaign. The Seznam Sklik service will be the sole party entitled to specify whether a click on, or display of, the Customer’s advertisement has actually taken place, and the price pursuant to the preset limit.
- The payments for use of the Seznam Sklik service are effected via the Seznam Peněženka service. All payments for use of the Seznam Sklik service by Customers shall be effected as payments from the Customer’s credit in the Seznam Peněženka system.
- If, for technical or operational reasons, the Seznam Sklik system fails to stop the Customer’s campaign before the selected daily budget is exceeded or, in the case of invalid clicks, when the Operator assesses that the reasons lay on its side (or on the side of technical limitations of the Seznam Sklik system) then the excess amount shall be provided as a credit to the Customer by its being credited to the Customer’s account managed by Seznam Peněženka within two business days from the date when the Operator discovered the exceeded limit or invalid clicks. In the event of an exceeded limit the credit will always equal the amount of the difference between the exceeded amount and the amount corresponding to the preset maximum limit of the daily budget for the campaign. To avoid speculation to the detriment of Seznam.cz, the Operator reserves the right not to return the exceeded amount to the Customer if the ratio between the daily budget and the price per click is lower than the ratio recommended in the help section and the client fails to document a trustworthy business or other relevant reason for the recommended ratio being exceeded.
- The Operator reserves the right to suspend or prevent the release of an advertisement for a Customer with insufficient credit in the Seznam Peněženka system for payment for the selected Seznam Sklik service. The Operator bears no responsibility for non-display of a Customer’s advertisements if the Customer’s credit in the Seznam Peněženka system is exhausted.
- These Conditions also include the Rules of Advertising, as well as the Rules of Interest-Oriented Advertising (hereinafter “Rules“), which the Customer agrees to comply with by acceptance of these Conditions.
- The Customer bears full responsibility for: a) the content of the advertisements that are entered; b) the wording of the keywords that are entered, and c) the content of the target website to which the User is taken after clicking on the Customer’s advertisement. The Operator shall not be responsible for a) any loss caused by the Customer’s advertising in the Sklik system to third parties or b) the advertisement and target website breaching the valid legislation. If the text of the advertisement or any other part of the data entered by the Customer in the Sklik system is copyright-protected work, then the Customer provides to the Operator, for the period of the advertising campaign, the right to use the copyright-protected work in any manner, scope, and frequency as is needed for the implementation of the campaign for the Customer.
- In compliance with the Advertising Rules the Operator hereby reserves the right to block an advertisement or an entered keyword with or without giving the reason, especially in the case of advertisements contradicting the provisions of Arts. 2.3 and 2.4 of the Business Terms and Conditions for Placement of Advertising Communications and Other Promotional Items on internet servers operated by Seznam.cz, a.s., available at (URL) https://www.seznam.cz/reklama/cz/obsahovy-web/obchodni-podminky/(hereinafter “BTC”). The Operator hereby reserves the right to block a set of advertisements, a campaign, or the whole account of a Customer violating the Rules or the BTC without giving any further reason for the blocking. Excessive burdening of the system may also result in the blocking of the account. Excessive burdening means a) the entry of excessive amounts of data in the system or b) excessive demand being placed on any of the web interfaces of the system. The Operator is entitled to perform minor editing of the advertisement (diacritics, punctuation, typos) if the advertisement does not meet the Rules of Advertising, including without notifying the Customer. The Operator is not obliged to adapt non-compliant advertisements.
- Logging into the Seznam Sklik system requires the user name and password of the Registered User of the Operator. In the event of cessation of the Customer’s right to use its user name the Operator shall no longer be liable to make the Seznam Sklik system interface accessible to the Customer. The Customer is obliged to protect its login data and keep it secret. The Operator shall not be responsible for abuse of the system in the event of the disclosure of the user name and password to a third party. Any Customer disclosing its login data to a third party is responsible for the acceptance thereof by the third party. The Customer agrees not to sell its clicks or advertisement displays implemented by the Sklik system directly to a third party and not to offer them as a service to a third party.
- The Operator hereby reserves the right to prevent displays of duplicate account advertisements. A duplicate account means two or more accounts of the same Operator designed for promotion of the same website (“Web”) with the same domain name or more websites in separate domains with the same or interchangeable content. The same or interchangeable web content (“duplicate content”) is web content that is identical or similar in all principal respects or interchangeable by a common user of Seznam.cz services without more detailed knowledge of the matter. The principal respects include: a) the basic graphic design of the website; b) textual similarity; c) an identical person or subject providing the service or operating the target website; d) content of website (offer of goods or services at the same or a similar price or with a similar content of the offer). The Operator further reserves the right to prevent advertising of duplicate websites of different operators if their common action is obviously intentional and aimed at the achievement of an unjust advantage for the website and/or presentation of identical content in the Sklik system to the detriment of other operators. The Operator shall at its sole discretion identify duplicate accounts and websites (or contents) as interchangeable and the Operator reserves the right to reject advertisements referring to such websites, including duplicate accounts (in such a case the Operator shall reject the newer advertisement); the criterion for the decision is the extent of distinguishability by common users of Seznam.cz.
- The Customer shall not be entitled to use identifications that may be considered very similar or identical to a proprietary trademark belonging to another owner (unless the Customer is the owner of the trademark) which the average consumer might consider the trademark of the other owner.
- The Operator hereby reserves the right to prevent displays of advertisements that include illegally used trademarks whose illegal use is obvious.
- The Operator hereby reserves the right to suspend advertisements which it has learned include information of an illegal nature.
- The Operator hereby reserves the right to temporary or permanent suspension of advertisements suspected of infringing third party industrial property rights. Such a prevention of advertising shall not be considered a violation hereof.
- If a trademark owner suspects that its trademark has been abused in the Sklik system it may contact email@example.com
- The Operator also reserves the right not to display an advertisement if notified by a consumer group or it notices itself that the advertisement includes elements of a misleading advertisement in the sense of § 2977 of Act no. 89/2012 Coll., the Civil Code, as amended.
- The Customer may terminate its use of the Sklik system by deleting or suspending all its campaigns. In such a case, within one hour from the suspension of the campaign (but usually immediately) the Customer’s advertisements will cease to be displayed and no payments will be effected. The Customer hereby agrees to pay for the clicks or displays implemented within one hour from the campaign being stopped.
- The Operator hereby reserves the right to temporarily or permanently suspend the display of advertisements in compliance with the auction model of the Seznam sklik system (selection and sorting of advertisements on the basis of the product of the click probability multiplied by the preset maximum price). The Operator provides no guarantee of the placement of the advertisement, price, position, number of displays, and accurate appearance.
- The Operator is entitled to send the Customer email messages concerning the operation of the Sklik and Peněženka systems.
- The Customer may not manipulate his own advertisements or those of other parties in the Sklik system. The prohibited actions include robotic clicking on advertisements, robotic website downloads, the creation of artificial displays or clicks, the analysis of transfer codes, or commissioning third parties to perform such activities. In the event of the discovery of such activities the Operator may block the Customer’s account and use legal means to enforce compensation for the loss thus incurred. The Operator actively and passively prevents invalid clicking to protect the Customer against ineffective advertising. The Operator may increase the Customer’s credit if any of the clicks or displays are retrospectively recognised as invalid. The assessment of the validity of a click or display is at the sole discretion of the Operator and the Operator hereby agrees to consider arguments presented by the Customer in this respect.
- The Operator does not guarantee safe preservation of the data entered by the Customer in its Sklik account. The Operator does not provide campaign data to any third party except for its service partners for the purpose of data backup and system development. The Operator shall not use particular data from Customers’ campaigns for purposes other than technical support and global analyses. The Operator does not guarantee the uninterrupted availability of the Sklik user interface for the Customer.
- In the event of the Customer’s use of identified BETA versions of the service, the Customer acts on its own sole responsibility and the Operator is not liable for the consequences of the use of these BETA versions by the Customer and for any potential loss caused by the Customer to itself or to third parties through the use of the BETA version.
- The Operator shall not be responsible for activities and supplies to third parties by a Customer registered by the Operator as a “certified agency”.
Part 3. Sklik Service Drawing
The following two points apply to Customers with paid optimization services for campaign establishment and management agreed with the Operator.
- For a Sklik campaign to be established the Customer must pay for the respective order agreed with a business representative of the Operator (i.e. the sum must be credited under the correct variable symbol to the bank account of the Operator within the agreed order payment deadline – on the basis of an advance payment invoice) and the Operator must be provided with the complete documents and materials for the establishment of the campaign. If the materials are provided in time (i.e. five business days before the advertising start date specified in the order) the campaign will be launched on the date given in the order.
- The management of the campaign shall start on the date specified in the order if the Operator has all the needed materials available. The management of the campaign shall last for the period specified in the Customer’s order.
Part 4. Personal Data Processing
- The Operator proceeds with personal data processing in compliance with the Regulation of the European Parliament and of the Council (EU) no. 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), Act no. 101/2000 Coll., on personal data protection, and any Act that may replace this act in future to provide for execution of the GDPR, Act no. 480/2004 Coll., on certain services of the information society, Act no. 127/2005 Coll., on electronic communications, and other legislative acts concerning personal data protection.
- For the purpose of the use of the Seznam Sklik service by the Customer the Operator is entitled to process personal data of the Customer or personal data provided or entered by the Customer for the purpose of using the Seznam sklik service (especially address, descriptive, and billing data).
- Such processing of personal data is legal because it is necessary for the execution of the contract on the basis of which the User uses the Seznam Sklik service which the User is a party to as the data subject.
- In particular cases the Operator may process personal data in excess of the scope defined by Arts. 4.2 and 4.3 hereof if the processing is necessary for the protection of the legitimate interests of the Operator or third parties, however, always in compliance with the relevant legislative requirements for personal data processing.
- The Customer, under Act no. 480/2004 Coll., on Certain Information Company Services, hereby grants its consent to the Operator sending commercial communications with information about the services and products of the Operator to the email addresses provided by the Customer.
- If the Customer has forwarded or will forward to the Operator the personal data of other natural persons, the Customer shall inform these persons about the processing of their personal data and sending by the Operator of their commercial information within the scope defined herein to assure the legitimacy of the processing of their data. Otherwise, the Customer shall be responsible for any related damage caused to the Operator.
- More information about the handling of personal data is specified in the relevant section of the website of the Operator.
Part 5. Final provisions
- In cases where the Customer acts as a consumer with respect to the Provider and if any consumer-related dispute which cannot be resolved in an amicable way arises, the Customer, in the position of consumer, may submit a proposal for out-of-court resolution of the consumer dispute to the Czech Trade Inspection Central Inspectorate – Department of ADR, Štěpánská 15, 120 00 Prague 2, email: firstname.lastname@example.org, website: adr.coi.cz). In such a case, the Customer who acts as a consumer may also use the online consumer dispute platform which is administered by the European Commission and is available at http://ec.europa.eu/consumers/odr/.
- Matters not explicitly laid down herein and the rules of Advertising shall also be governed by the supporting Business Terms and Conditions and other applicable legislation, including, but not limited to, Act no. 89/2012 Coll., the Civil Code.
- The Operator shall not be liable for any loss caused to the Customer by their not being informed in a timely manner about any change to any of the above-mentioned services for the sole reason of their not using them.
- The Operator hereby reserves the right to change these Conditions unilaterally within a reasonable scope, especially after legislative changes or technical changes within the Seznam Sklik service or related services, or in the event of a change in the operational, organizational, or business processes of the Operator. The Operator shall inform the Customer about the change via the service interface at least seven days in advance of the coming into effective of the change. The Customer may reject the change of the Conditions and delete or suspend all its campaigns. If the Customer continues to use the Seznam Sklik service after the Conditions change it is deemed to have accepted the change.