Terms of Use kendamagame.com


1 Introduction


1.1

These Terms of Use of the Kendama Game Application (the "Kendama Game Application") govern the rights and obligations of the relationship between the Operator and the User of the Kendama Game Application (the "Terms").

1.2

Kendama Game is a tool to support the world kendama community on a local and global scale. The Kendama Game application is copyrighted in the sense of the Copyright Act and the Operator is entitled to exercise all property rights to the application.

1.3

Operator of Kendama Game Application is Miroslav Šiřina, A. Randýskové 2410, 76001 Zlín, ID: 86916041, Tax ID: CZ8010314114 (hereinafter referred to as "Operator").

1.4

The Kendama Game User is a person who has the will to use or already uses his / her User Account. The user is not and cannot be a consumer within the meaning of Section 419 of the Civil Code (hereinafter referred to as the “User”).

1.5

The User Account is created on the basis of registration by the Operator to any User who accepts these Terms. The User Account unambiguously defines the User and contains in particular: (i) User Name, (ii) Password, and (iii) Additional User Information (Bio, Social Links). Through this user account, the User may use the functionality of the Kendama Game Application (the "User Account").

1.6

Acceptance of the Terms and Conditions implies acceptance of the Provider's public offer within the meaning of Section 1780 of the Civil Code, as the User's consent to be bound by these Terms. Acceptance occurs through the successful registration of the User through the https://kendamagame.com/ website and by checking the email existence of the email address. By accepting the terms, the Operator grants the User a limited, non-transferable, non-exclusive license to use the Kendama Game Application.

2 Rights and obligations of the User


2.1

The User is entitled to use the Kendama Game Application only to the extent that the features and conditions of use of this application allow, ie to participate in examinations, to record their results at events and to register their kendamas.

2.2

At the same time, the User undertakes not to use the Kendama Game Application in any other way that could violate the Operator's rights, in particular to alter or decompile the Application, or to take similar steps to obtain the Kendama Game Application Source Code.

2.3

A user cannot have more than one User Account for one individual.

2.4

The User is not entitled to assign or rent his User Account and thus the authorization to use the Kendama Game Application without the Operator's prior written consent to a third party.

2.5

The User acknowledges that he / she is responsible for maintaining the secrecy of his / her Kendama Game User Account Login and Password.

2.6

The User is aware of the fact that the Operator is not liable for defects in the Kendama Game Application or any other damages directly or indirectly caused by the Kendama Game Application. At the same time, the User waives compensation to the Operator for any damage that may arise in the future as a result of a breach of the Operator's obligations arising from the acceptance of these Terms or other legal regulations, except for damages claims that cannot be surrendered legally under applicable law.

2.7

Use of the Kendama Game Application may be terminated by the User at any time and the User Account may be canceled at any time by means of an application addressed to the Operator's e-mail (mirek@kendamagame.com). The Operator will cancel the User Account upon receipt of the User Account within 10 days. Other options for cancellation by the User are not possible. The User is not entitled to any compensation in connection with the cancellation of the User Account.

3 Rights and obligations of the Operator


3.1

The Operator assumes no liability for any damages, including damages incurred by the User due to improper input of data and data in connection with the use of the Kendama Game Application.

3.2

The operator does not guarantee the availability of Kendama Game 24 hours a day. The User acknowledges that the Kendama Game Application is operated on third party servers and the Operator cannot influence availability. Detailed information on the location of the Kendama Game Application and the use of other data and personal data processors are set out in Appendix 1 to these Terms.

3.3

The Operator is not responsible for ensuring that the Kendama Game Application will work with other hardware or software without defects.

3.4

The Operator is not responsible for ensuring that the Kendama Game Application will work with other hardware or software without defects.

3.5

The Operator is entitled to cancel the User Account to which the User has not logged in for more than 6 months. However, before canceling the User Account, the Operator will send the User at least one alert, electronically to the email address that the User entered when registering the User Account.

6 Privacy Policy


6.1

Personal data are processed in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council).

6.2

Operator is Administrator of User's Personal Data. The user is entitled to information on the extent to which his personal data are processed, who and how the personal data will be processed and to whom personal data may be accessed. In addition, the user has the right to access his / her personal data, the right to delete or correct it and other rights specified in the Regulation.

6.3

The Operator is also the processor of personal data entered by the User in the Kendama Game Application, as the Kendama Game Application is located on the Operator's servers or a third party authorized by him / her. For this reason, the Operator and the User have entered into a personal data processing agreement. The personal data processing agreement contains the particulars required by Article 28 (3) of the Regulation, including the subject and time of processing, the nature and purpose of the processing, the type of personal data, obligations and rights of the Operator and the User in connection with the processing of personal data and technical and organizational measures taken Operator for the protection of personal data.

7 Final Provisions


7.1

Acceptance of these Terms and Conditions in the sense of 1.6 creates a contractual relationship concluded between the User and the Operator concluded for an indefinite period. The contractual relationship under these Terms and Conditions can be terminated by: (i) cancellation of the User Account by the User, (ii) cancellation of the User Account by the Operator in accordance with these Terms, (iii) in cases and under conditions stipulated by law.

7.2

The Operator has the right to change or amend these Terms and Conditions at any time, in particular due to changes in legislation, technological changes affecting the Kendama Game Application functions, or the handling of User data or personal data, but also due to extensions or changes to the Kendama Game Application or new services by the Operator. The Operator is also entitled to change the Terms and Conditions if the market conditions or the business or license terms of third parties whose system or application software or services are used by the Operator to operate the Kendama Game Application are changed. Changes to the Terms and Conditions will be sent by the Operator to the e-mail address of the User entered during the registration and will be made available on the Operator's website. The Modified Terms and Conditions become effective as of the date specified in the Terms and Conditions so amended, but not earlier than the notice of their change to the User. The Operator undertakes to deliver to the User information about the change in the Terms and Conditions no later than 20 days before their effective date. If the User does not agree with the change of the Terms, he / she has the right to refuse them and terminate the relationship arising from the License Agreement by a notice sent within fifteen (15) days, starting on the day when the User was informed of the publication of the changed Conditions. The User shall send the notice of termination according to this paragraph via e-mail or in writing to the e-mail address of mirek@kendamagame.com or to the address of the registered office of the Operator. The notice of termination begins on the first day after its delivery and the notice period is 2 months. If the User does not terminate the contractual relationship in the manner and within the deadlines specified in the previous paragraph, it is accepted that he accepted the changes to the Terms.

7.3

The contractual relationship under these Terms, as well as the claims arising therefrom, is governed by Czech law, in particular the Civil Code and the Copyright Act. All disputes concerning claims arising under these Terms and Conditions are the responsibility of the courts of the Czech Republic and will be dealt with by them.

7.4

These Terms are valid and effective as of May 3, 2019,

Version: 1.0.

Appendix No. 1 Personal Data Processing by Miroslav Šiřina.


1 Introductory provision


1.1

The User is entitled to use the Kendama Game Application on the basis of a contractual relationship concluded with Miroslav Šiřina (hereinafter referred to as the "Operator"). The contractual relationship arose from the registration of the User who accepted the Terms of Use of the Kendama Game Application (the "Kendama Game Terms and Conditions") by registering. The terms definitions in the Kendama Game Terms and Conditions (eg, "User", "Kendama Game Application") apply to this Appendix.

1.2

The Operator shall make the Kendama Game Application available to the User on the basis of a contractual relationship, which is located on the Operator's servers. Personal data of the data subjects are also stored on the Operator's servers, especially the user's photo necessary for its identification in the mail of less than 10 pcs. For this reason, the Operator has the status of a processor within the meaning of Article 4 (8) of General Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of personal data (hereinafter referred to as "the Regulation"). The user is the administrator of the personal information entered in the Kendama Game.

1.3

This Annex No. 1 to the Kendama Game Terms and Conditions contains the terms of a personal data processing agreement between the User (Personal Data Administrator) and the Operator (Personal Data Processor) within the meaning of Article 28 (3) of the Regulation and shall be referred to as the “Annex”.

2 Subject of processing


2.1 Subject and method of processing personal data



2.1.1

The subject of processing is the personal data of the User or third parties, which are usually entered by the User himself or by the end users authorized by him into the Kendama Game through a web interface or mobile application installed on a smartphone or other User device.

2.1.2

As a personal data controller, the user decides on the scope and category of personal information that is entered into the Kendama Game. Due to the purpose of the Kendama Game Application, the Operator shall process the following categories of personal data in the manner set forth below in this Annex: a) personal data identification (name, surname), b) e-mail address, c) photographs of the user necessary for its identification.

2.1.3

It cannot be ruled out that, through forms, end-users will be able to insert personal data other than those listed above, or also selected sensitive personal data fulfilling the characteristics of a so-called special category of personal data within the meaning of Article 9 of the Regulation (eg trade union membership, sexual orientation, health), and this personal data will also be processed.

2.1.4

The Operator performs the following operations of processing the User's personal data: storing personal data on the Operator's servers, which occurs automatically, then arranging, structuring, searching, sorting or combining and making available by transmission. Under the conditions specified in Article 5.2, the Operator shall delete personal data. The purpose of personal data processing is to provide Kendama Game features.

2.2 Other processors


2.2.1

The User acknowledges that the Kendama Game Application is operated on servers located in the hosting center and the provider of hosting services, which is the company WEDOS Internet, a.s .. With the registered office at Masarykova 1230, 373 41 Hluboká nad Vltavou, is involved in the processing of personal data. IR: 28115708

2.2.2

The Operator is entitled, without prior consent of the User, to engage in the processing of personal data another supplier of hosting, cloud or other services as the so-called other processor, or. to replace WEDOS Internet, a.s. another supplier. The operator is obliged to ensure that any other processor involved in the processing of personal data complies with the processing conditions at least to the extent provided by this Annex, in particular as regards the introduction of technical and organizational measures within the meaning of Article 3 of this Annex.

2.3 Processing at the User's instruction


2.3.1

Within the meaning of Article 28 (3) (a) a) The Operator is obliged by the Operator to process personal data only on the basis of documented instructions of the User who is in the position of administrator.

2.3.2

This Attachment is a User's instruction to process personal data to the extent that follows from the performance description of the Operator specified in the Kendama Game Terms and Conditions. Therefore, no further User instructions are required to process the Personal Data entered by the User in the Kendama Game Application.

2.3.3

In addition to processing in accordance with Article 2.3.2 of this Annex, the Operator may process personal data on the basis of a separate instruction (request) of the User in writing, also electronically via e-mail sent to mirek@kendamagame.com. -mail order from e-mail address registered by Miroslav Šiřina (eg entered when registering Kendama Game). On the basis of such an ad hoc instruction (User), the User may, in particular, request the safe deletion of personal data, export or download of data or personal data. The Operator is not entitled to execute processing on the basis of instructions given to him in a form other than that stipulated in this Article of the Annex. The operator archives all instructions in this article Attachments.

2.4 Place of processing

2.4.1 The place of processing of personal data is all countries of the world.

2.5 Remuneration

2.5.1 The processing of personal data is a secondary obligation of the Provider resulting from the contractual relationship with the User. Except as expressly provided in this Annex, the processing of personal data is free of charge.

3 Confidentiality, technical and organizational measures to protect personal data


3.1

The operator has taken appropriate technical measures to protect the personal data it processes in the context of running the Kendama Game Application, taking into account the latest state of the art, nature, scope, context and processing purposes as well as risks to the rights and freedoms of individuals.

3.2

All data stored in the Kendama Game database is protected by a secure protocol (HTTPS TLS-encrypted) that protects the connection between the User Web Browser and the Operator Server from eavesdropping, data spoofing, and user authentication, thereby minimizing the risk of unauthorized access. Data Stored in the Database The Kendama Game app assigned to a specific User Account is always owned by the User who has all rights to it.

3.3

The Operator has informed the relevant employees of the obligation to maintain confidentiality of personal data and any other confidential information or trade secrets with which they come into contact, as well as to maintain confidentiality of security, technical or organizational measures whose disclosure would jeopardize and secure personal data processed through Kendama Game.

3.4

In addition, the operator has taken the following technical measures to protect personal data: 3.4.1 passwords are cryptographically handled and blocked, 3.4.2 uses passwords and controlled access to personal data, including the definition of user roles,

4 Operator's cooperation


4.1

The Operator is obliged to provide the User with information and explanations that will be necessary to prove that the processing of personal data by the Operator is in accordance with the Regulation. The Operator is obliged to allow audits, including inspections, performed by the User or other auditor authorized by the User, and is obliged to provide the cooperation necessary for their execution.

4.2

The operator shall assist in ensuring compliance with the obligations under Articles 32 to 36 of the Regulation, in particular: 4.2.1. Assist in cases of breaches of personal data when assessing whether the violation has resulted in a risk to the rights and freedoms of the Users or other persons concerned ( 4.2.2 to assist the User in making a proper and timely notification of a personal data breach to the supervisory authority (including the information required in the notification under Article 33 (3) of the Regulation) and report it to the data subjects concerned.

4.3

In addition, the Operator shall, as far as possible, be assisted by appropriate technical and organizational measures to fulfill the User's obligations (as a personal data controller) to respond to requests for the exercise of rights by Users or other data subjects, eg in relation to the right to delete, repair , portability of personal data, etc. If the User nevertheless requests assistance in accordance with this Article of the Annex, the Operator shall perform these activities for a reasonable fee agreed with the User.

4.4

The User acknowledges that he / she is primarily responsible for the fulfillment of his / her obligations to data subjects as a personal data controller in his / her own name.

5 Processing duration


5.1

The duration of the processing of personal data is agreed for a definite period of time until the termination of the contractual relationship in any way described in Article 7.1 of the Kendama Game Terms and Conditions.

5.2

The User acknowledges that in the event of termination of the contractual relationship (cancellation of the User Account), the Operator shall delete all User data including personal data without the possibility of their renewal. The operator shall also delete any existing copies, unless Union law or an EU Member State requires the storage of such personal data.

Document version: 1.0
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