New contractual terms valid from 26.9.2024

• Part 1. Definition
• Part 2. Rules of Seznam Sklik Service Us
• Part 3. Sklik Service Drawing
• Part 4. Personal Data Processing
• Part 5. Agreement on Personal Data Processing and Provision of Guarantees under the General Data Protection Regulation (EU) 2016/679 (hereinafter referred to as “Regulation”)
• Part 6. Final provisions

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” and by their acceptance the Customer of the Seznam Sklik Service enters into a contractual relationship with Seznam.cz, a.s. and undertakes to comply with the rules laid down therein (hereinafter the “Conditions”). In the event of violation thereof by the Customer the company Seznam.cz, a.s. as the Operator of the Seznam Sklik Service can apply the measures defined herein.

Part 1. Definitions

1. The Seznam Sklik Service is a promotional service operated by Seznam.cz, a.s., running and available at (URL): https://www.sklik.cz. The Seznam Sklik Service permits keyword targeted advertising displayed in Seznam.cz search, partner search engines and Seznam.cz content and affiliate network.
2. Advertisements mean individual promotional messages in the form of a text advertisement, banner, video advertising and other supported formats entered in the Seznam Sklik Service.
3. The Seznam Sklik Service is operated by the company Seznam.cz, a.s., with its registered seat at Prague 5 – Smíchov, Radlická 3294/10, postal code 150 00, business ID 26168685, registered in the Commercial Register maintained by the Municipal Court in Prague, File Number B 6493 (hereinafter the “Operator“).
4. 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 https://www.sklik.cz belonging to the Operator (hereinafter the “Sklik Account“).
5. 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.
6. A Partner is an operator of a website where the advertisements of the Seznam Sklik Service are displayed.
7. The Interface is the web interface available at (URL) www.sklik.cz, allowing the use of the Seznam Sklik Service through a Sklik Account.
8. Servers are websites of the Operator or of the Partners where advertisements are displayed within the reserved advertising space as promotional communications.

Part 2. Rules of Seznam Sklik Service Use

1. The Operator hereby agrees to display on the Servers the text advertisements, graphic advertisements, video advertising and other supported types of advertising notifications according to the Customer’s instructions via the Interface at designated advertising spaces that support specific advertising formats 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, keywords and other supported advertising formats via the Interface, group them in sets and campaigns, and set their price limitations and other properties offered by the Operator.

2. 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, keywords included in the respective website, or other supported targeting methods chosen by Customer. 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.

3. 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; whereas the Customer can choose between these types of payment for advertisements. 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. Advertising in Zboží.cz campaign is governed by the Basic and Seasonal Price List of Zboží.cz Service, which is available on the Internet address (URL): https://napoveda.zbozi.cz/zaciname-inzerovat/zakladni-nastaveni/aukcni-prokliky/.  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.

4. The Customer acknowledges that when selecting the offer strategy the Conversion Maximization and Revenue Maximization, the Operator does not guarantee, with respect to automatic bid optimization and other factors beyond the Operator´s control, that the specified maximum conversion price (CPA) or maximum share of turnover (PNO) will not be exceeded and shall not be liable for such exceendance. Even in the event of such an overrun, the Customer is obliged to pay the price of all advertising carried out through this offer strategy. Furthermore, the Operator is not responsible for this choice and does not guarantee the volume of impressions, click-throughs or conversions or any changes thereto in these options.

5. The payment 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.

6. The Seznam Sklik Service enables the Customer and to all individuals authorized by the Customer, within the interface of the Seznam Sklik System, to access the statistics of the Operator’s Seznam Sklik Service. The Customer agrees that: (i) the statistics of Seznam Sklik Service may also include statistics of the Operator‘s Seznam Zboží.cz Service, available on-line at (URL): https://www.zbozi.cz/, if used by the Customer through any of their accounts. Users, who are eligible to access the Customer’s Sklik Account (i.e. via direct access, the Statistics Reporter role, the Campaign Manager, the Account Administrator), may also see statistics from the Seznam Zboží.cz Service account, which is associated with the Sklik Account of the Seznam Sklik Service; (ii) a user, who is eligible to access to the Sklik Account of Seznam Sklik Service via direct access or the Account Administrator role, is entitled to make the statistics of the associated account of the Seznam Zboží.cz Service available to all users with access to the Sklik Account of the Seznam Sklik Service (i.e. the Statistics Reporter role, Campaign Manager, Account Administrator).

7. The Customer acknowledges that if they have transferred control of their Zboží.cz account in Seznam Sklik Service, the campaign price and other settings can be seen and edited by the Registered User of the Operator in the role of the Statistics Reporter and can also be seen and edited by the Registered User of the Operator who has access to the account on the Seznam Sklik Service, through direct access, in the role of the Campaign Manager or in the role of the Account Administrator.

8. 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 or displays, 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 or displays. 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.

9. 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 cases where the Customer´s credit in the Seznam Peněženka System is being exhausted or due to the setting of such a low unit price per click, maximum price per conversion (Conversion Maximization offer strategy), maximum share of turnover (Revenue Maximization offer strategy) or price per impression that technically does not allow the Customer´s advertisement to be displayed due to the inability to compete in the auction environment against other advertisers.

10. These Terms and Conditions also include the Advertising Rules available in the Internet address (URL): https://napoveda.sklik.cz/pravidla/ and the Uniform Rules of Advertising in the Seznam.cz Partner Network (the Advertising Rules and the Uniform Rules of Advertising hereinafter collectively referred to as the “Rules”), which the Customer agrees to comply with by accepting these Terms and Conditions.

11. 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 Seznam 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.

12. In compliance with the 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. and its contractual partners, 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 (e.g. multiple exceeding of recommended limits) 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.

13. 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. If the Customer grants a third party access to their account, the Customer is responsible for ensuring that the third party agrese to and accepts these Terms and Conditions.

14. 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 main features are:: 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 Seznam 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.

15. The Customer shall not be entitled to use such protected identifications capable of infringing into the rights of third parties. The Operator reserves the right to prevent displays of advertisements that include protected identifications, the use of which is evaluated by the Operator as illegal. Such preventing of advertising cannot be considered a violation of these Conditions. More information on the use of protected identification can be found on the Internet (URL): https://napoveda.sklik.cz/pravidla/ochranne-znamky/.

16. In the event that the owner of protected identification considers that its identification has been misused within the Seznam Sklik System, the owner can contact the Operator via the respective form.

17. The Operator hereby reserves the right to permanently or temporarily suspend advertisements which it has learned include information of an illegal nature.

18. 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.

1. 19. 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 within the meaning of Section 2977 of the Act No. 89/2012 Coll., the Civil Code, as amended.

20. In the event that the display of advertising is prevented in accordance with these Terms and Conditions, the Operator shall provide the Customer with a justification for the decision to prevent the display of advertising.

21. The Customer may terminate its use of the Seznam 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.

22. The Operator hereby reserves the right to temporarily or permanently suspend the display of advertising. In accordance with the auction model of the Seznam Sklik System (selection and sorting of advertising on the basis of the multiplication of the calculated click probability and the set maximum price). The Operator provides no guarantee of the placement of the advertisement, price, position, number of displays, and accurate appearance.

23. The Operator is entitled to send the Customer email messages concerning the operation of the Sklik and Peněženka systems.

24. The Customer may not manipulate his own advertisements or those of other parties in the Seznam 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.

25. 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.

26. 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.

27. The Operator shall not be responsible for activities and supplies to third parties by a Customer registered by the Operator as a “certified agency”, and “verified agency” or “verified freelancer”.

28. Advertisers are obliged to adhere to the Rules of Advertising available at: https://www.seznam.cz/reklama/cz/obsahovy-web/pravidla-reklamy/. The advertising rules apply to both existing advertising messages and newly ordered advertising campaigns. If the advertising message is in violation of the Rules of Advertising it constitutes a violation of these Terms and Conditions.

29. The Operator is entitled to deactivate the execution of regular template reports, to deactivate automatic rules and stop collecting retargeting audiences in inactive Sklik Accounts. An inactive Sklik Account means the Sklik Account from which no advertisement is issued for a period of 6 or more consecutive calendar months or the Customer’s credit is less than CZK 10 for a period of 6 or more consecutive calendar months.

Part 3. Sklik Service Drawing

The following points apply to Customers with paid optimization services for campaign establishment and management agreed with the Operator.

1. For the establishment of the Sklik Campaign, 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.
2. 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.
3. All optimization services provided by the Operator are intended exclusively for direct Customers. The Customer is not entitled to resell or otherwise offer or provide the optimization services offered by the Operator.
4. If the Customer has set up the option of prices for a click through the product groups of the Seznam Sklik System in their Zboží.cz campaign or in the Zboží.cz service (see Part 2, Point 7 of these Terms and Conditions), the Customer  acknowledges that the Operator, as the Campaign Manager, may modify these prices and other campaign settings within the optimization service provided. In case the Customer does not wish to optimize offers for Zboží.cz campaign from the Operator´s Campaign Manager, the Customer must inform the Operator prior to the start of the optimization service.

Part 4. Personal Data Processing

1. 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, hereinafter referred to as “Regulation“), Act no. 110/2019 Coll., on personal data protection, Act no. 111/2019 Coll., amending certain acts in connection with the adoption of the Act on Personal Data Protection, 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.
2. 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.
3. For the proper provision of the service that is subject to these Terms and Conditions the Operator is entitled to process personal data of the Customer provided or entered by the Customer for the purpose of using the Seznam Sklik Service (especially address, descriptive, and billing data) for purposes of proper identification of the Parties, fulfillment of these Conditions and invoicing. Such processing of personal data is lawful as it is necessary for the performance of the Contract to which the Customer is a party as a personal data subject.
4. If the Customer has forwarded or will forward to the Operator the personal data of natural persons (typically employees or Customer’s co-workers), the Customer shall inform these persons about the processing of their personal data and sending commercial information, by the Operator, 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.
5. In the event that the Customer places Sklik tracking codes, e.g. conversion code or retargeting code (using the domain imedia.cz, seznam.cz or another domain operated by the Operator) on its website, the Customer is obliged to fulfil the following obligations:
   a.    to display on its website that it does so;
   b.    to place in the appropriate section a link to the Operator´s privacy website (URL): https://o.seznam.cz/ochrana-udaju/;
   c.    to comply with the provisions of Section 89 (3) of Act No. 127/2005 Coll., on electronic communications, and the provisions of the relevant legal regulations in the area of personal data protection, by providing all its codes with a parameter expressing the presence of the consent of the User of the Customer’s website;
   d.    to retain the consent of the User of the Customer´s website within the meaning of point c) above for the period specified by applicable law and promptly provide such consent to the Operator whenever requested by the Operator.
6. The Customer shall be liable to the Operator for damages and any harm caused by a breach of its obligations arising from Point 5 of this Part of the Terms and Conditions (including compensation for damages corresponding to any fine or sanction imposed by supervisory authorities).
7. The Operator is entitled to continuously check the Customer´s compliance with the obligations under the preceding paragraphs of this Part of the Terms and Conditions. And also in the event of the Customer´s misconduct, the Operator is entitled to terminate the processing of data obtained through the Sklik Service Codes.
8. Data obtained through Sklik Service Codes placed on the Customer´s website according to the previous paragraphs may be used by the Operator to model data for advertising, targeting and improving the Operator´s advertising products. The Customer is obliged to inform its Users about this on its website and obtain the legal title for the processing of personal data, at least to the extent of the use of such data specified in this provision of the Terms and Conditions.
9. More information about the handling of personal data is specified in the relevant section of the website of the Operator.

Part 5. Agreement on Personal Data Processing and Provision of Guarantees under the General Data Protection Regulation (EU) 2016/679 (hereinafter referred to as “Regulation”)

1. If the Customer within the meaning of Part 4 Point 5 of these Terms and Conditions has placed or in the future places an advertisement or tracking code supplied by the Operator on their server, the Customer´s server Users’ data will be processed within the cooperation between the Operator and the Customer (hereinafter referred to as “Cooperation”).
2. Within personal data processing, the Customer and Operator act as independent controllers, unless it is otherwise agreed between the Operator and the Customer in connection with the possible use of additional services.
3. The Operator and the Customer hereby declare that they have adopted all necessary measures to achieve compliance with effective legal regulations applying to personal data protection as well as appropriate organisational and technical measures that are relevant in view of appropriate data processing.
4. The Operator and the Customer shall choose the most suitable methods and guarantees in order to make sure that all processing activities comply with the Regulation and the national legislation of the member state where the processing is carried out.
5. This Agreement has been concluded for the period of Cooperation between the Operator and the Customer. The termination hereof shall be without prejudice to the obligation of the Operator and Partner to take any and all necessary measures securing personal data protection until the deletion thereof.
   The Data Protection Officer is Chronos Consulting, s.r.o., ID No.: 07238495, based at Na Perštýně 342/1, 110 00 Prague 1. (If you have any questions, please contact us (https://o-seznam.cz/pravni-informace/ochrana-udaju/kontakt/) and we will get back to you soon.).
6. Personal Data, Purpose and Period of ProcessingThe Partner’s server Users’ personal data is processed within the Cooperation, particularly unique cookies identifiers, IP addresses, phone numbers and e-mail addresses allowing personal identification of the User obtained via the browser on the Partner’s server or via the Partner’s server itself. If available, data on detection of the User’s device and on the User’s location can also be shared.Personal data is processed for the purposes of personalisation of the advertisement and contents displayed to the User, evaluation of advertising communications efficiency as well as saving and processing of the exact USER geolocation. The Operator also uses such data for the provision and improvement of their services, for example, for the testing of advertisement displaying algorithms, latency monitoring of end Users or ensuring prognostic system accuracy.User data connected with cookie files and advertising IDs are also used to identify and prevent advertising fraud and to ensure that advertisements are not redisplayed to the User once blocked.The Operator shall only process personal data while the legal reason for processing exists.Obligations towards Data Subjects.
7. Personal data, purpose and duration of processing.
   1. Within the framework of the Cooperation, the personal data of the Users of the Customer’s server is processed, in particular the unique cookie identifiers, IP addresses, telephone numbers and e-mail addresses, which enable personal identification of the User and are obtained through the browser on the Customer’s server or through the Customer’s server itself. If available, User device detection and User location data may also be shared.
   2. Personal data is processed for the purposes of personalizing advertising and content displayed to the User, evaluating the performance of advertising messages, as well as storing and processing the User’s precise geolocation. The Operator also uses the data to provide and improve its services – for example, to test ad serving algorithms, monitor latency of end Users or ensure the accuracy of its predictive system.
   3. User data associated with cookies and advertising IDs is also used to detect and prevent advertising fraud and to ensure that Users do not see advertisements that they have blocked in the past.
   4. The operator will only process personal data for as long as the lawful reason for processing exists.
8. Obligations towards data subjects

The Operator and the Customer shall separately ensure:

• a. transparent information, communication and procedures for the exercise of the data subject’s rights under Article 12 of the Regulation;
  • b. the exercise of the information obligation towards data subjects in accordance with the requirements of Articles 13 and 14 of the Regulation, disclosing the scope of the processing for which there is separate management; In particular, the Customer informs the User that personal data from its server is processed by another administrator;
  • c. where applicable, obtaining the data subject’s consent in accordance with the provisions of the Regulation – valid consent must be obtained from End Users to:
    • using cookies or other local storage where required by law; and
    • collecting, sharing and using personal information to personalize ads and content.

When obtaining consent, it must be:

1. retain records of consent given by End Users; and
   • clear instructions are provided to End Users on how to withdraw consent.
   • d. The Operator and the Customer Partner shall separately ensure and enable the effective exercise of the rights of data subjects under Articles 15 to 21 of the Regulation.
   • a.Provozovatel poskytuje svým zaměstnancům a ostatnímu personálu, který se podílí na zpracování, přiměřené pokyny ke zpracování, zejména ohledně povinnosti dodržovat mlčenlivost ve vztahu ke zpracování nebo důvěrným informacím, které zpracovává na základě této dohody a dále poskytuje svým zaměstnancům a ostatnímu personálu dostatečné pokyny k technickým a organizačním bezpečnostním opatřením přijatým pro ochranu a zabezpečení osobních údajů.
   • b. V případě využití dalšího zpracovatele zaváže Provozovatel tohoto zpracovatele k dodržování všech požadavků stanovených nařízením.
   • c. Provozovatel se zavazuje samostatně posuzovat vhodnost zpracování osobních údajů na základě analýzy rizik provedené před zpracováním za účelem identifikace technických a organizačních opatření k minimalizaci identifikovaných rizik a přijmout veškerá vhodná opatření k zajištění souladu s nařízením.
   • d. Provozovatel se zavazuje vyvinout veškeré úsilí nutné k odstranění překážek nebo případnému zabránění porušení zabezpečení osobních údajů nebo nápravě povinností dle této dohody.
2. Security of personal data
   a. The Operator shall provide its employees and other personnel involved in the processing with adequate processing instructions, in particular with regard to the obligation of confidentiality in relation to the processing or confidential information, which is process under these Terms and Conditions. The Operator also shall provide its employees and other personnel with adequate instructions on technical and organisational security measures taken to protect and secure personal data.
   b. In the event of the use of an additional processor, the Operator shall oblige that processor to comply with all requirements set out in the Regulation.
   c. The Operator undertakes to independently assess the appropriateness of the processing of personal data on the basis of a risk analysis carried out prior to the processing in order to identify technical and organisational measures to ensure compliance with the Regulation.
   d. The Operator undertakes to use its best efforts to remove any obstacles, or possibly prevent, a personal data breach or to remedy its obligations under these Terms and Conditions.
   8.    Sharing personal data with other administrators. The Customer undertakes not to transfer the personal data obtained within the framework of the Cooperation with the Operator to
   other separate administrators for their own purposes, except in cases where a
   separate written agreement is signed between the Customer and the Operator for such
   transfer.
   Transfer of personal data outside the EU. If certain activities within the processing include an over-the-border flow of personal data to countries that are not members of the EU, the exporting party shall ensure the legality of the transfer requirements as specified in Chapter V of the Regulation.
   

Part 6. Final provisions

1. In cases where the Customer acts as a consumer with respect to the Operator 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: adr@coi.cz, website: https://www.coi.cz/informace-o-adr/). In such cases, 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 https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=CS.

This is without prejudice to the possibility, under the conditions and in accordance with Regulation 2022/2065 on digital services (hereinafter referred to as the “Digital Services Regulation”), to choose an entity certified by a designated digital services coordinator for out-of-court dispute resolution.

2. Issues not regulated by these Contractual Terms and Conditions and by the Rules shall be governed by the Business Terms and Conditions and by the applicable legislation, i.e., by Act No. 89/2012 Coll., the Civil Code, in particular and by the Digital Services Act.

3. 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.

4. In accordance with the Digital Services Act, the Operator has established a mechanism for reporting information regarding possible illegal content on Seznam Sklik Service. The operator has also set up an internal complaint handling system. A substantiated Customer complaint under the Digital Services Act must be received by the Operator within six months of the date on which the Customer was informed of the Operator’s decision to prevent the display of advertising.

5. The Operator hereby reserves the right to change these Terms and 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 fifteen days before the amendment takes effect. The Customer may reject the change of these Terms and Conditions and delete or suspend all its campaingns. If the Customer continues to use the Seznam Sklik Service after these Terms and Conditions change it is deemed to have accepted the change.

6. If there is a discrepancy between the Czech and English versions, the Czech version shall prevail.

These Terms and Conditions enter into force and are effective since 26/9/2024.