Terms and Conditions of Website Use

The TERMS AND CONDITIONS of the use of the www.bonaloka.cz website and of privacy protection

1. Recitals

1.1. The operator of the website located at the domain bonaloka.cz and available at www.bonaloka.cz (hereinafter referred to as “Website”) is BONALOKA s.r.o., Company ID No. 050 21 189, having its registered office at Praha 4, Antala Staška 510/38, Postcode 140 00, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Entry 257142 (hereinafter referred to as “Operator”).

1.2. The Operator hereby issues the terms and conditions of access to and use of the Website and privacy protection (hereinafter referred to as “Terms”).

2. General provisions

2.1. These Terms apply to all people who visit or wish to use the Website. The Website is publicly accessible and free of charge. After displaying the Website, the user shall become familiar with the Terms. By using the Website, the user declares that they have become familiar with the content of the Terms and that they agree with them without reservations. In addition, the user agrees to be bound by the Terms and to act in compliance with applicable legal regulations of the Czech Republic, good manners and these Terms when using the Website and refrain from damaging the good reputation and rights of the Operator and other users of the Website. If the user does not agree with the Terms, they are not authorised to use the Website.

2.2. The content of the Website, as well as its overall design, appearance and layout, including all texts, graphics, sketches and images, are subject to protection within the meaning of Act No. 121/2000 Coll., on copyright, on rights related to copyright and on amendment to certain acts (the Copyright Act), as amended; all copyrights are exercised by the Operator. The Website also contains images of the trademarks the owner or authorised user of which is the Operator. Any use of the Website or some parts thereof by means of spreading, copying, imitation or other processing without the Operator’s prior written consent is prohibited. 2.3. Without prejudice to the provisions of the previous articles, the user undertakes not to do the following, in particular, when using the Website:

(a) interfere with or otherwise misuse the security, technical substance or content of the Website;

(b) use the Website for sending unsolicited or chain messages (spam);

(d) attempt to gain access to those parts of the Website which are and are intended to be solely accessible to the Operator or registered users;

(e) falsify the identity of the sender or provide any false or distorted data and information;

(f) try to penetrate the account of another user or otherwise interfere with the use of the Website by other users;

(g) spread on the Website messages or material breaching legal regulations.

2.4. The content of the Website is only instructive and non-binding; the Operator does not guarantee the completeness and correctness of the given information, including information provided to the user. The Operator shall not be held liable for any harm suffered by users or third parties in connection with the use of the Website.

2.5. The Operator reserves the right not to allow access to the Website without giving a reason, especially during the Website maintenance or shutdown periods or during failures of power supply or data network or due to other defects caused by third parties or force majeure. The Operator shall not be held liable for any potential non-functionality, unavailability or poor availability of the Website or services offered thereon.

2.6. Certain content of the website is only intended for the professional public. In this case, the Website contains an appropriate warning. By accessing this content, the user explicitly confirms that they are a member of this professional public in the field of cosmetics and food supplements.

3. Registration and maintenance of user accounts

3.1. Some content of the Website is only accessible to registered users. The Operator allows registered persons to register and maintain a user account free of charge. Internet Explorer 7 or higher, or Mozilla Firefox 4.0, Chrome, Safari, IE9+, MS Edge or Opera (the latest version) must be installed for correct functionality.

3.2. All persons who are 18 years old or older may register on-line by completing and sending the registration form located at the Website. Before sending the registration form on-line to the system, it is necessary to enter all mandatory data and give consent to the Terms and to the processing of personal data. The registration form cannot be sent without the information thus completed. Sending of the registration form is binding. By sending the form, the user expressly declares that they are 18 years old or older. The Operator shall not be held liable for the untrue nature of such declaration.

3.3. After sending the registration form, the Operator shall send the notice of registration to the e-mail address specified in the registration form. After receiving it, the registered user can log into their user account repeatedly by filling in the e-mail address and password which they entered and confirmed in the registration form on the Website login page. The user is obliged to keep the access data confidential and acknowledges that the Operator shall not be held liable for any breach of this obligation.

3.4. The Operator reserves the right to cancel or not confirm the registration without giving a reason. This applies in particular to persons who breach any of their obligations under these Terms or in accordance with generally binding legal regulations. The user shall not be entitled to any compensation in connection therewith.

3.5. A valid registration allows registered users to access all online tools and services which are exclusively available to registered users via the Website. In particular, registered users will gain access to the “My Orders” tool. The Operator reserves the right to change the parameters of the Website and user accounts at any time, even without giving a reason and without prior notice.

3.6. The user is fully responsible for the correctness, completeness, truthfulness and accuracy of the data and information provided. The user is obliged to inform the Operator of any and all changes in the provided data using the “Edit Data” tool. The user may request the Operator to change the registered e-mail address via a contact form located on the Website or by contacting the Operator at info@bonaloka.cz.

3.7. In this form, it is possible to conduct all other communication with the Operator, especially in the event of any complications or problems or request to cancel the registration.

3.8. The Operator may cancel or block the user’s account without giving any reason and without prior notice, especially if the user breaches its obligations under these Terms or under applicable legal regulations, uses the Website including the user account in a manner that inappropriately restricts the use of the Website by other users or that inappropriately restricts the Operator. The user shall not be entitled to any compensation in this respect.

3.9. Users understand and acknowledge that user accounts may not be accessible permanently, especially with regard to necessary maintenance of the hardware, software and the Website.

4. Protection of privacy

4.1. The Operator respects the right to privacy and processes personal data exclusively in accordance with applicable legal regulations.

4.2. In connection with the operation of the Website, the Operator processes selected personal data of natural persons, as well as representatives and contact persons of users who are legal entities (hereinafter jointly referred to as “Persons Concerned”) even without the consent of such persons for the following purposes:

(a) registration and maintenance of a user account;

(b) performance of a contract between the Operator and the user, in particular concerning purchase of goods;

(c) legitimate interests of the Operator and other persons and entities, which consist, in particular, in improving the quality of the provided services, primarily by carrying out analyses and the evaluation thereof, in advertising and marketing activities for the purpose of offering their own products and services including sending news, information, offers and commercial communications, via e-mails, as well as other electronic means including personalised advertising, in protection of property, enforcement of claims and recovery of receivables, necessary communication with the Persons Concerned, etc.

4.3. The processed personal data is collected exclusively from the Person Concerned and includes identification data (name, surname, company name, Company ID No., VAT Reg. No.), address (street, house no., town, municipality, postcode, country, website), contact data (e-mail, telephone and fax details), descriptive data (especially invoicing and payment data) and other communicated data.

4.4. The provision of personal data is primarily a contractual requirement and therefore a prerequisite for the realisation of the purposes for which the personal data is provided. If personal data is processed on the basis of consent, the provision of personal data is voluntary; the Person Concerned is entitled to withdraw their consent. If personal data is processed for the purposes of protection of rights and legitimate interests of the Operator and other persons or entities, the Person Concerned is entitled to raise an objection to personal data processing.

4.5. The period of personal data processing varies depending on the purpose for which the personal data is processed. If the processing of personal data is based on consent, it is processed until the consent is cancelled, and in other cases for the period of time that is necessary for the realisation of the determined purpose; if the purchase of goods is concerned, personal data shall be processed for the period of 5 years of the purchase agreement conclusion, and if a registered user is concerned, for the period of time during which the registered user is registered and their user account is maintained, and then for the period of 3 years of the registration cancellation.

4.6. Processing of personal data is carried out by the Operator itself, or for this purpose it is entrusted to a third party in accordance with applicable legal regulations. Personal data shall not be transferred to third parties or abroad without the user being informed.

4.7. When processing personal data, the Operator shall ensure observance of confidentiality and security according to applicable standards which ensure protection against unauthorised or accidental access or transmission, against a change, loss or destruction of the data and against the possible misuse thereof. The Operator shall also ensure protection of the rights of the Persons Concerned guaranteeing compliance of the personal data security with applicable legal regulations and these Terms.

4.8. If the Person Concerned discovers or believes that the Operator processes personal data in conflict with legal regulations, in particular if the processed personal data is inaccurate or if the reasons for the processing thereof have ceased to exist, they may request explanation from the Operator or require the Operator to remedy the situation, in particular they may request that their personal data be corrected or supplemented. Under the conditions laid down by applicable legal regulations, the Person Concerned is also entitled to exercise the right to restrict the processing of personal data, the right to data portability or the right to have the data erased. This shall be without prejudice to the right of the Person Concerned to lodge a complaint with the supervisory authority.

4.9. In the event of any questions regarding personal data protection or in the event of exercising one’s rights, it is possible to contact the Operator at info@bonaloka.cz. In such an event, the Operator shall provide the Person Concerned with the required information without undue delay.

4.10. The Operator does not assume any responsibility for the content and practical application of privacy protection on other websites which the Operator refers to on the Website.

5. Use of Cookies

5.1. Cookies are small text files that are saved via a browser locally in the user's computer, using which the content of the Website is displayed.

5.2. Cookies are used by the Operator in order to ensure the functionality of the Website and the provision of services, as well as to evaluate the visiting rate of the Website, and on this basis also to improve the quality of the provided services and optimise marketing activities including personalisation of advertisements.

5.3. Through cookies, the Operator primarily collects data on the behaviour of users on the Website. Cookies neither serve nor allow for personal identification of the Website users.

5.4. The Operator primarily processes collected cookies through Google Analytics, developed and operated by Google Inc., based in the USA. As part of the Google Analytics service, the Operator also uses related advertising functions provided by Google, such as overviews of images in the Google advertising network, reporting anonymous data or displaying advertisements in the content network on the basis of products viewed (so-called remarketing), including the Google AdWords service used for the personalisation of advertising.

5.5. Personalisation of advertising can be switched off or modified by the Website user via their Google account, specifically via the link available here. For the aforementioned purpose, the Operator also uses other services, such as Sklik operated by Seznam.cz, a.s., having its registered office in Prague, and others.

5.6. By using the Website, the user acknowledges the use of cookies, even if they do not approve of this fact in the banner at the bottom of the Website when displaying it. If the user does not agree with the use of cookies, they are not entitled to use the Website.

6. Final provisions

6.1. Should any provision hereof become invalid, ineffective or unenforceable, the validity, effectiveness or enforceability of the other provisions shall not be affected.

6.2. The Operator may unilaterally amend the wording hereof at any time, even without prior notice. The amended Terms shall take effect on the date of their publication on the Website, and each user is obliged to familiarise themselves with them without delay and comply with them. If the user continues to use the Website after these Terms have been amended, it shall be understood that they agree with the amended Terms without reservations. This provision is without prejudice to any rights and obligations that resulted from the previous version of the Terms during the effective period thereof. 6.3. These Terms shall come into force and effect on 1 January 2018.