Terms of use of the web interface

Terms of use of the web interface (hereinafter referred to as “Portal”)

This document, entitled Terms of Use of the Web Interface, applies to the tstwp.mawis.eu Portal operated by:
HRDLIČKA spol. s r.o., ID 186 01 227, with registered office at náměstí Kněžny Ludmily 45, Tetín, Postal Code 266 01, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 4062 (hereinafter referred to as “the Company”).

• Address for delivery: Za Lužinami 1084/33, Prague 5, Postal Code 155 00
• Company’s website: hrdlicka.cz
• contact phone: +420 235 521 822-5
• E-mail address: info@hrdlicka.cz

Regardless of whether the entity purchases through the Portal, registers on it or simply visits it, it must follow the following rules, which define and specify the conditions of use of all functional components of the Portal.

Registration on the Portal

1. Based on the registration made on the Portal operated by the Company, the Customer can subsequently access his/her customer account. From his/her customer account, the Customer can order the services provided by the Company. The Customer cannot order services without registration.
   
   
2. Customer means a recipient of a Service supplied by the Company and obtained from the Company for monetary consideration, and for the purposes of this document, a user of the MawisUtility application who uses it without having to register and a user of the MawisPhoto application who has been invited to join the project. Thus, he/she will use the Company’s services through the web interface of the companies, selected municipalities, cities and counties, through the so-called entry point located on the web interface of these entities (hereinafter referred to as the “Customer“).
   
   
3. Registration is done through a registration form, where it is necessary to fill in the required data, depending on whether the Customer is a legal entity or a natural person.
   
   
4. When registering, the Customer is obliged to provide correct and truthful information. The Customer is obliged to update the information provided in the customer account in case of any change. The information provided by the Customer in the Customer Account and when ordering services is deemed correct by the Company. The Customer acknowledges that the user data entered by the Customer is automatically overwritten in all integrated applications on the Portal.
   
   
5. Access to the customer account is secured with a username or email address and password. The customer is obliged to maintain confidentiality regarding the information necessary to access their customer account. The customer is not entitled to allow third parties to use the customer account. The Company shall not be liable for any misuse of the Customer’s account by a third party.
   
   
6. The Company may block the Customer’s account, especially if the Customer has not used it for more than 12 months. Furthermore, in the event that the Customer breaches his/her obligations under the contract (including the terms and conditions), which is also the case of providing false or incorrect Customer data during registration or changing them. Furthermore, in the event that the Customer misuses any of the applications on the Portal for his/her private or business purposes or violates good manners and applicable laws.
   
   
7. The Customer acknowledges that the Customer Account may not be available continuously, in particular with respect to necessary maintenance of the Company’s hardware and software equipment or necessary maintenance of third party hardware and software equipment. The Company will notify Customers in advance of the planned downtime on its Portal tstwp.mawis.eu.
   
   
8. Through his/her Customer Account, the Customer can primarily order services provided by the Company, track orders and manage the Customer Account. Any additional functions of the Customer Account are always listed on the Portal.

Personal data protection

1. When registering on the Portal, the Customer provides some personal data. In addition, when using the Portal, other data to which the Company has access is collected, stored and processed. By entering personal data and using the Portal, the Customer consents to the processing and collection of his/her personal data to the extent and for the purposes set out below, until such time as he/she objects to such processing.
   
   
2. The administrator of personal data is HRDLIČKA spol. s r.o., with registered office at náměstí Kněžny Ludmily 45, 266 01 Tetín, ID No. 18601227, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 4062.
   
   
3. The Company determines the purposes and means of processing personal data as described in this document. If you have any questions regarding the processing of Customer Personal Data, you may contact the Company using the contact details below:
   
   HRDLIČKA spol. s r.o.
   Customer Centre
   E-mail: info@mawis.eu
   phone: 251 618 458 (working days, 8:00 – 16:00)
   tstwp.mawis.eu/helpdesk
   

(A) THE PURPOSES OF THE PROCESSING AND THE LEGAL BASIS FOR THE PROCESSING

1. The Company processes the personal data of its Customers for the purposes set out below:
   
   a) Providing the services ordered.
   The Company processes the personal data of Customers mainly in connection with the provision of services. In this case, the Company is entitled to process personal data without the Customer’s consent, as the legal basis for such processing is the performance of a contract. The provision of personal data is a necessary requirement for the provision of the service ordered or used by the Customer.
   
   b) Legitimate interests of the Company.
   In certain circumstances, the Company may also process personal data without the consent of Customers for its internal or other legitimate needs. The legal basis for processing in such cases is the Company’s legitimate interests, provided that they outweigh the Customers’ interests in the protection of personal data. This is the case when personal data is processed for the Company’s direct marketing purposes, i.e. for the purpose of offering the Company’s services, as well as for complaint purposes (e.g. complaint mailing), debt collection (e.g. service fees), internal administrative purposes, analysis, risk assessment, etc.
   
   c) Marketing.
   Based on the Customer’s consent, personal data is also processed for marketing purposes consisting in offering the Company’s services, to a wider extent than mentioned above or for products that are of a completely different kind. Consent to the processing of the Customer’s personal data for these purposes is voluntary and the Customer is entitled to withdraw it at any time (see below).
   

(B) THE CATEGORIES OF PERSONAL DATA PROCESSED

1. The Company processes on the Portal – personal data of Customers to the extent necessary for the above purposes. In particular, it processes the following personal data: contact and identification data, data on the category of Customer (unregistered, registered) billing and mailing address, type of service ordered, and type of product purchased.
   
   
2. The scope of personal data varies according to the specific service and purpose (see above) and according to the personal data provided by the Customer to the Company.
   

(C) THE SOURCES AND MEANS OF PROCESSING PERSONAL DATA

1. The Company processes the personal data of Customers for the above purposes in electronic form, manually and automatically (i.e. using information technology).
   
   
2. Personal data of Customers is processed exclusively by the Company’s employees. The personal data of Customers is made available to them in connection with the performance of their work duties, which require the handling of the personal data of Customers, but only to the extent necessary and in compliance with all security measures.
   

(D) RECIPIENTS OF PERSONAL DATA (CATEGORIES OF RECIPIENTS)

1. Customers’ personal data is sent to the respective owners and/or managers of the networks whose statements are requested by Customers through the purchased Service.
   
   
2. The personal data of Customers, registered users, may be made available to other Customers within the database of building plan maps, if the Customer has given his/her consent.
   
   
3. Without the provision of the Customer’s personal data, it is not possible to generate and print the application or send it to the relevant recipients, network operators. The provision of personal data is thus a requirement for the provision of the service.
   

D.a) Disclosure and transfer of personal data not requiring Customer consent

1. For the purposes of providing services and for the performance of legal obligations, the Company is entitled or directly obliged (i.e. without the Customer’s consent) to transfer the Customer’s personal data:
   
   (a) to the recipients of requests for representations in relation to networks to whom the Company provides bulk mailroom services and to whom the Customer has requested the representations to be sent (part of the service ordered by the Customer);
   
   (b) to supervisory or other public authorities in connection with the performance of their statutory duties;
   
   (c) other entities where this is consistent with the legitimate interests of the Company (e.g. in connection with debt recovery through the courts, etc.).
   

D.b) Disclosure and transfer of personal data based on the Customer’s consent

1. If the Customer agrees to this, the Company makes his/her personal data available to other Customers in the context of the creation of a database of map documents for construction projects and thus provides the Customer and other Customers with the possibility of contact with the aim of synergy in the implementation of construction projects in an identical area.
   

D.c) Transfer of personal data abroad

1. Customers’ personal data is processed in the Czech Republic.
   

(E) THE DURATION OF THE PROCESSING OF PERSONAL DATA

1. The Company processes the personal data of Customers only for the necessary period of time corresponding to the purpose of processing.
   
   
2. The Customer’s personal data is processed for the duration of the Customer’s contractual relationship with the Company (i.e. for the duration of the Customer’s valid registration with the Company) and for a period of ten (10) years and/or for a period of ten (10) years from the date of entering the personal data on the tstwp.mawis.eu Portal and all services offered by it.
   
   
3. Personal data processed for the purposes of direct marketing (offering services) of the Company shall be processed by the Company for the duration of the Customer’s contractual relationship with the Company (i.e. for the duration of the Customer’s valid registration with the Company) and further for a period of ten (10) years and/or for a period of ten (10) years from the date of entering personal data on the Portal tstwp.mawis.eu and all services offered by it, unless the Customer objects to such processing before the expiration of the said period.
   
   
4. Personal data processed for marketing purposes on a broader scale or for services and products that are of a completely different kind shall be processed by the Company for the duration of the consent to the processing of personal data, but for a maximum period of three (3) years, unless the Customer withdraws his/her consent to the processing of personal data before the expiry of this period.
   
   
5. In this context, it is generally the case that for the purposes of fulfilling legal obligations, the Company processes personal data for the period of time specified by law.
   

(F) CUSTOMER RIGHTS

1. When the Company processes personal data, Customers have in particular the following rights:
   
   (a) The right of access to personal data. The Customer shall have the right to obtain confirmation from the Company as to whether or not personal data relating to him/her is being processed and, if so, to obtain access to such personal data and to the information required by law. In such case, the Company shall provide a copy of the personal data processed. The Company may charge a reasonable fee based on administrative costs for additional copies upon request by the Customer.
   
   (b) Right to rectification. The Customer shall further have the right to have the Company correct inaccurate Personal Data relating to the Customer without undue delay. Taking into account the purposes of the processing, the Customer has the right to have incomplete personal data completed, including by providing an additional statement.
   
   (c) Right to erasure (“right to be forgotten”). The Customer shall have the right to have the Company erase the personal data concerning the Customer without undue delay if one of the grounds provided for by law applies. The Customer’s right shall not apply if the processing of the Customer’s personal data is necessary for the performance of a legal obligation of the Company, for archiving purposes in the public interest, for the establishment, exercise or defence of legal claims and in other cases provided for in the Regulation. A link to a sample withdrawal of consent to the processing of personal data can be found in the Request for Erasure of Personal Data.
   
   (d) Right to restriction of processing. The Customer has the right to have the Company restrict the processing of his or her personal data if any of the grounds set out in the law apply.
   
   (e) Right to data portability. The Customer has the right to obtain the personal data concerning him/her which he/she has provided to the Company in a structured, commonly used and machine-readable format and the right to transfer such data to another controller, where the processing is based on the Customer’s consent and/or contract and is carried out by automated means. In exercising this right, the Customer may request that his/her personal data be transmitted directly by the Company to the other controller, if technically feasible.
   

(G) THE RIGHT TO WITHDRAW CONSENT AND THE RIGHT TO OBJECT

1. Without prejudice in any way to the rights under the preceding clause (F), the Company shall separately advise its Customers of the following rights:
   
   (a) The right to withdraw consent. If the Customer’s consent is required for any of the above purposes, the Customer shall not be obliged to give its consent to the processing and, if it does, shall also be entitled to withdraw its consent at any time. If the Customer wishes to withdraw his/her consent to the processing of personal data, he/she may contact the Company using the contact details above. The withdrawal of consent does not affect the processing of the Customer’s personal data in cases where the Customer’s consent is not required. A link to a sample withdrawal of consent to the processing of personal data can be found in the Request for Erasure of Personal Data.
   
   (b) Right to object. If Customer Personal Data is processed for the purposes of the Company’s legitimate interests, the Customer is entitled to object to such processing. In such case, the Company must demonstrate the legitimate interests of such processing, otherwise the processing of the personal data will cease.
   
   
2. If the Customer’s personal data is processed for the purposes of direct marketing, the Customer has the right to object at any time to the processing of his/her personal data for such marketing, whereupon the processing of personal data by the Company for such purposes will be terminated without delay.
   

(H) THE RIGHT TO LODGE A COMPLAINT

1. If the Customer believes that the processing of his/her personal data by the Company violates the relevant legislation, in particular the Regulation, he/she is entitled to address his/her complaint to:
   Office for Personal Data Protection Pplk. Sochora 27, 170 00 Prague 7, tel.: +420 234 665 111, website: uoou.cz.
   
   
2. The Customer’s right to seek judicial protection is not affected.

Google services and cookies

1. The portal uses so-called “cookies” for its activities. The Portal also uses Google Analytics and, where applicable, other services provided by Google, Inc. (“Google“).
   
   
2. Cookies are text files stored on the computer or other electronic device of each visitor to the Portal, which allow the analysis of the use of the Portal.
   
   
3. By pressing the consent button on the Portal, each visitor to the Portal grants his/her consent to the use of cookies and to the processing of data about him/her by Google and the Company in the manner and for the purposes described in more detail on the Portal.
   
   
4. Visitors to the Portal can refuse the use of cookies by selecting the appropriate settings in their web browser.
   
   
5. The Company points out that if you refuse the use of cookies, it is not excluded that the visitor will not be able to fully use all the functions of the Portal.
   
   
6. The Company informs that the Portal uses Google Analytics, a web analytics service of Google Inc. Full information on the processing of your personal data can be found here.

Copyright protection

1. The content of the websites hosted on the Company’s Portal (texts, photographs, images, logos, etc.), including the Portal’s software and these Terms, is protected by copyright. You may not modify, copy, reproduce, distribute or use the Content for any purpose without the Company’s or the copyright holder’s permission. In particular, the free or paid access to photographs and texts placed on the Portal is prohibited.

Other relationships related to the use of the Portal

1. The Company shall not be liable for errors resulting from third party interference with the Portal or from its use contrary to its intended use. When using the Portal, no one may use mechanisms, software, scripts or other procedures that could have a negative impact on its operation, i.e. primarily disrupt the system’s function or unduly burden the system, and no one may perform any activity that could allow them or third parties to interfere with or make unauthorized use of the software or other components that make up the Portal and use the Portal or its parts or software in a way that would be contrary to its purpose or purpose.
   
   
2. The Company cannot guarantee uninterrupted access to the Portal, nor the safety and security of the Portal. However, the Company will notify in advance of the planned outage on its Portal tstwp.mawis.eu. The Company is not liable for any damage caused by access to and use of the Portal, including any damage caused by downloading data published on the Portal, damage caused by interruption of operation, malfunction of the Portal, computer viruses, damage due to loss of data, profit or unauthorized access to transmissions and data.
   The Company cannot guarantee uninterrupted access to the Portal or the safety and security of the Portal. However, the Company will give prior notice of the planned downtime on its Portal tstwp.mawis.eu. The Company is not liable for any damage caused by access to and use of the Portal, including any damage caused by downloading data published on the Portal, damage caused by interruptions in operation, malfunction of the Portal, computer viruses, damage caused by loss of data, profit or unauthorized access to transmissions and data.

These Terms of Use of the Web Interface are valid and effective as of 1 January 2023.