SUPA24

 

The operator of the internet server supa24.com, the business company VANDERBERG MEDIA SE, with its registered office at Dolní brána 679/53, 741 01 Nový Jičín, ID No.: 17860709, registered in the Commercial Register kept by the Regional Court in Ostrava, Section H 1236 (hereinafter referred to as the "Operator"), uses the worldwide public communication network of the internet, at the address (URL) http://supa24.com (hereinafter also referred to as the "Server"). The contact details of the Operator, such as a telephone number or e-mail address, are provided on the Server. The designation "supa24.com" is a protected trademark. The content of the Server is a database within the meaning of the Copyright Act and is subject to its protection. 

 

These GTC are intended for registered users who advertise outside the scope of their business activity or outside the scope of their independent exercise of their profession, which is a natural person authorized to dispose of real estate to the extent and in the manner presented on the Server (hereinafter referred to as the "User").

1. ADVERTISING OFFERS OF REAL ESTATE USERS AND TO THIRD PARTIES 

 

Among other things, the Operator provides the User with the service of advertising real estate on the real estate market (hereinafter also referred to as "advertising"). 

 

In order to place an advertisement, the interested party must register themself. Registration means establishing access rights to the service. Registration through the Server administration is for an indefinite period of time. The regulation of privacy protection, including the processing of personal data, is governed by binding legal regulations, and a more detailed specification of the protection of personal data is set out in Part 2 of these GBTC. The Operator shall confirm the registration to the User at the e-mail address provided by the User. The User may cancel the registration at any time free of charge. 

 

The price of advertising is defined by a valid price list, which is part of the Server and addresses both the price, length, and bonuses for Users (hereinafter referred to as the "price list").

 

The service agreement - advertising between the Server Operator and the User is concluded and becomes valid and effective at the moment of delivery of the Operator's email confirmation of acceptance of the order / registration of the User according to the completed order form available on the Server. Advertising of real estate on the Server is started after the payment (credit) is credited to the Operator's account. The Operator undertakes by such contract to provide advertising services under the terms and conditions set out in these GBTC, including the provision of space for the display of the User's advertisement. 

 

 

The User undertakes to advertise on the Server only their own real estate property or such immovable property for which he has the express consent of the owner to handle it in this way. The User undertakes to provide proof of these facts at the request of the Server Operator.

 

The User is fully responsible for the content of their advertisement, especially regarding the legal regulations of the Czech Republic and the rights protected by them. The User undertakes to publish through the Server only such information as they are entitled to publish in view of the above, i.e. which will not lead to interference with the rights of third parties protected by law - such as copyright, property rights, lease rights, trademark rights, rights to protect the personality or reputation of legal entities, etc. The User also undertakes to update his advertisement regularly and in accordance with the true facts.

 

The Server Operator is not responsible for any errors that may occur at the level of the communication protocol. The Operator reserves the right to stop the dissemination of information published on the Server that is not in accordance with the legal order of the Czech Republic, public order, good morals, or its legitimate interests.

 

The User acknowledges that in the event of a breach of their obligations under these GBTC or by law, their access rights may be restricted or revoked without compensation. The cancellation of access rights shall terminate the User's registration. If the User's violation of these GBTC’s causes damage to the Server Operator, the User is obliged to compensate the Operator.

 

The user, who is in the position of a consumer, expressly agrees to the performance of the advertising contract and to the publication of the advertisement before the expiration of the withdrawal period; therefore, the user cannot withdraw from the contract within the meaning of Section 1837(a) of the Civil Code.

 

The User acknowledges that information about real estate advertised on the Server is publicly available to all visitors of the Internet. The User agrees to the right of the Server Operator to provide the unaltered content of the Server or part of it to a third party for further public presentation or statistical processing. 

 

2. PERSONAL DATA PROTECTION 

 

The Operator declares that it processes the personal data of the User, who is a natural person, in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR"), and the valid and effective legislation of the Czech Republic governing the protection and handling of personal data (hereinafter referred to as the "PDPR").

 

The User acknowledges that the Operator or other person authorised by the Operator process, based on the relevant legal grounds, all personal data that the User has disclosed or will disclose to the Operator or that have been lawfully obtained from third parties in connection with the conclusion or performance of the contractual relationship between them. The personal data that the Operator or a third authorised party obtains and manages are in particular: first name, surname, date of birth, residence, mobile phone number, email address, location, data provided by the User within the mobile application (hereinafter collectively referred to as "Personal data"). 

 

The User acknowledges that their Personal data and any other information relating to their person is processed, collected, and stored by the Operator or a third authorized party for the purpose of using the Server, offering and providing trade and services, protecting the rights and legally protected interests of the Operator, using marketing, promotional or similar purposes of the Operator or a third authorized party. 

 

The User acknowledges that they are obliged to provide their Personal data (during registration, in their  User account, etc.) correctly and truthfully and that they are obligated to inform the Operator without undue delay of any changes to their Personal data. 

 

Personal data will be processed for the duration of the contract, the consent granted or for the period of time required by law. If the purpose and the last of the legal reasons for the processing of Personal data cease, the Operator will stop processing the User's Personal data. Personal data will be processed manually or by automated means, in paper or electronic form. 

 

The Operator declares that it complies with the following principles of processing resulting from the GDPR when protecting the User's personal data:

  • lawfulness, fairness, transparency - the Operator processes Personal data on the basis of at least one legal ground and in a transparent and fair manner towards the data subject,
  • purpose limitation - the Operator collects Personal data only for legitimate purposes, in particular for the performance of a contract or for direct marketing purposes,
  • data minimisation - the Operator shall process Personal data that are adequate and relevant in relation to the purpose for which they are processed,
  • accuracy - the Personal data processed by the Operator is accurate, the Operator ensures the accuracy of the data processed by continuously updating the Personal data,
  • storage limitation - Personal data are stored by the Operator in a form that allows identification of the User only for the necessary period of time for the purposes for which they are processed,
  • integrity and confidentiality - the Operator processes Personal data only in a way that ensures appropriate technical and organisational security of personal data. 

 

 

In particular, the User has the following rights against the Operator, guaranteed by the GDPR and the PDPR: a) the right to access the Personal data processed about them by the Operator, b) the right to rectification of the Personal data processed so that they are accurate and correspond to the facts, c) the right to erasure if the Personal data are no longer necessary for the purposes for which they were processed or if there is no longer any legal basis for their processing. In order to exercise any of the User's rights against the Operator arising from the GDPR and the PDPR, the User may contact the Operator by written request to the following email address: [email protected]. The Operator shall handle this User's request without delay, within a maximum of one month from its receipt. 

 

If the User agrees to the processing of contact information and photographs by the Operator, the Operator processes this contact information and photographs for the duration of the legal reason for processing. The advertisement made by the User on the Operator's Server is visible on the Operator's website with the "sold" flag for a certain period of time even after it has been removed in accordance with the consent granted. 

 

The User acknowledges that the e-mail address provided by them in connection with the registration may be used to send a commercial communication by the Operator pursuant to Act No. 480/2004 Coll., as amended, offering a similar service. In case the addressee does not wish to receive further commercial communications, they can express their opposition to receiving commercial communications by clicking on the appropriate place in the commercial communication or by sending an e-mail containing the opposition to receiving commercial communications to the following e-mail address: [email protected]

In order to improve the quality of the service and to combat unsolicited advertising, the Operator records all messages sent between individual Users via the Server and these are archived for a period of 1 year or until the end of any litigation, if any, regarding the content of these messages. The Operator undertakes not to process these messages any further unless it receives a complaint from the User or finds on its own initiative that a particular message violates these GBTC, the laws of the Czech Republic or contains unsolicited advertising. 

 

 

3. MOBILE APPLICATION OF THE OPERATOR

The Operator provides a mobile application that allows Users to access their accounts and provides various services related to the operation and use of the Operator's products/services ("Mobile Application").

The User can download the Mobile Application for free from the relevant store on google play or apple store and then log in with their account credentials.

The Operator undertakes to provide the Mobile Application to the best of its ability but is not responsible for any service interruptions or technical problems associated with the use of the Mobile Application that may arise due to unforeseen circumstances or factors beyond the Operator's control.

The User or other third party is responsible for ensuring the correct and safe use of the Mobile Application. They must not carry out any unauthorised activities that could compromise the operation or security of the mobile application or endanger the privacy of other Users.

The Operator reserves the right to update, modify or remove the mobile application or parts thereof, including features, services or interfaces, without prior notice. The Operator may also add new features or services to the Mobile Application and provide Users with the ability to update the application.

In case of loss or theft of the mobile device on which the application was installed, the User is obliged to immediately inform the Operator and take appropriate measures to block access and misuse of the application and related accounts.

The Operator may collect, store, and process the User's Personal data in accordance with its Personal data protection policy and applicable data protection laws and regulations.

The User or other third party agrees that the Operator may send notifications, messages, or information via the mobile application, including updates, new offers, important announcements or marketing communications. The User has the option to opt-out of receiving marketing communications by following the instructions provided in the mobile application.

The Operator reserves the right to restrict or block the User's access to the services provided through the Application in the event of suspected abuse or violation of the Terms of Use of the Mobile Application.

The User or other third party is aware that the Mobile Application may contain links to websites, third party services or content created by third parties. The Operator is not responsible for such websites, services or content and makes no representations or warranties as to their accuracy, security, or reliability. The User or any other third party uses such links or content at its own risk.

All intellectual property associated with the Mobile Application, including copyrights, trademarks, and patents, belongs to the Operator. The User or any other third party shall not have the right to copy, modify, distribute, or create derivative works from the mobile application or its content without the prior written consent of the Operator.

 

 

 

The Operator reserves the right to change these terms of use of the Mobile Application at any time without prior notice. If a change is made, the Operator will inform the User via the Mobile Application or by other appropriate means. Continued use of the Mobile Application after the changes have been made constitutes the user's acceptance of the new terms and conditions.

 

4. FINAL PROVISIONS FOR THESE GBTC

The Operator has the right to change these GBTC provided that the User is notified of the change by information published on the Server at least 15 days before the effective date of such change. If the User does not agree with the change of the GBTC, they may terminate the commitment with the fact that the commitment will end on the last day of the effectiveness of the existing terms and conditions. 

 

According to Act No. 624/1992 Coll., Users who are consumers have the right to an out-of-court settlement of a consumer dispute arising from the relevant contract. In the event of a dispute arising from a service agreement that cannot be resolved by mutual agreement, the consumer may submit a proposal for the out-of-court settlement of such a dispute to the designated entity for the out-of-court settlement of consumer disputes, which is the Czech Trade Inspection Authority. 

 

In the event that a dispute arises between the provisions of the contract and these GBTC, the relevant contract shall prevail over these GBTC. Relationships not regulated by these GBTC or the contract shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code as amended and other related legislation, excluding the application of Sections 1950, 1952(2), 1995(2) of Act No. 89/2012 Coll., the Civil Code.

In the event that any provision of these GBTC is invalid or unenforceable for any reason, the validity and effectiveness of the remaining provisions shall not be affected.

The Operator is free to cooperate with legal, security and other authorities to comply with the law and protect its rights and interests.

If any provision of these GBTC fails or is unenforceable, the validity and enforceability of the remaining provisions of these GBTC will not be affected.

These GBTC constitute the entire agreement between the Operator, Users and other third parties regarding the use of the Server, including the Mobile Application, and supersede any prior or contemporaneous agreements, written or oral, regarding this matter.

 

These GBTC and all related contracts are governed by the laws of the Czech Republic, excluding conflict of laws rules of private international law. In the event of a dispute arising out of or in connection with these GBTC, the local jurisdiction of the court of first instance shall be agreed as follows: if the jurisdiction of the district courts is determined, the District Court in Ostrava shall have jurisdiction, if the jurisdiction of the regional courts is determined, the Regional Court in Ostrava shall have jurisdiction.