Terms and Conditions
OF USE OF THE ZÁSILKOVNA APPLICATION
effective from 21.8. 2023
1 Introductory provisions
Zásilkovna s.r.o., with its registered office at Českomoravská 2408/1a, Libeň, 190 00 Prague 9, ID No. 28408306, registered in the Commercial Register maintained by the Municipal Court in Prague, file No.: C 139387 (hereinafter referred to as "Zásilkovna") issues these terms and conditions (hereinafter referred to as "Conditions") for the use of the Zásilkovna Application (hereinafter referred to as "Application").
These Conditions govern the contractual relationship between Zásilkovna and the user of the Application.
The Application is a software tool for the submission of Shipments, quick and easy informing the Sender and Recipient about the status of the Shipment, providing information about the possibilities of specific pick-up points and consignment places according to the location of the Sender and Recipient, tracking the archive of shipments. Through the Application, it is possible to transmit a Shipment Submission Code and a password to receive a Shipment, to transmit information in the form of notifications and to pay the Shipment commission or the Cash on Delivery, the Application is also required to pick up Shipments from the Z-BOX ("hereinafter referred to as "Functionalities").
The app is designed for devices running Android 5 and above or iOS 11 and above.
The Application is a copyrighted work within the meaning of copyright law and the exercise of all proprietary rights to the Application belongs to Zásilkovna.
The operator of the Application is Zásilkovna.
The user using the Application's Functionalities may be both the Sender and the Recipient (hereinafter referred to as "User").
The Application can be downloaded from the AppStore, or from Google Play and/or other methods decided by Zásilkovna.
2 Conclusion of a contract for the use of the Zásilkovna Application
The registration of the User in the Application constitutes acceptance of the proposal to conclude a contract for the granting of a license to use the Application. By concluding the contract, the User agrees to these Conditions.
3 Use of the Application, rights and obligations of the parties
Zásilkovna grants the User a non-exclusive license to use the Application to the extent and under the conditions specified in the Application's user interface.
Zásilkovna is entitled to make the User's account inaccessible after the expiration of the license period.
The User shall not create more than one user account.
The User has no right to grant a sub-license to a third party to use the Application.
Zásilkovna has the right to modify the Application (or any part thereof) at any time, and to make the Application unavailable to the User in the event of a breach of the Contract, the Conditions or legal regulations by the User.
The User may terminate the use of the Application at any time by simply uninstalling the Application from the device where the Application is downloaded. The User shall not be entitled to any compensation from Zásilkovna in connection with the use and/or uninstallation of the Application.
The User has the right to use the Application under these Terms in the current version available on the AppStore or Google Play. User agrees not to interfere with or prevent updates.
The User undertakes to act in such a way that no harm is caused to anyone when using the Application.
Zásilkovna and the User hereby declare and make it indisputable that the Application meets the conditions of Section 562(2) of Act No. 89/2012 Coll., the Civil Code, i.e. that the data records in the Application and its database as an electronic system are reliable and are carried out systematically and sequentially and are protected against changes.
4 Data protection policy
Within the scope of its activities within the meaning of 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 Regulation"), Zásilkovna (hereinafter referred to as "the Administrator") processes the following personal data of Users:
In the case of natural persons: name and surname; e-mail address; telephone number; bank account number; User's credit card details;
In the case of companies: names and surnames of contact persons; telephone numbers of contact persons; e-mail addresses of contact persons; company name; web address of the shop; e-mail address of the company; billing address; ID number, VAT number; bank account number.
The aforementioned personal data must be processed for the purpose of identifying the contractual parties and the performance of the Contract, as well as for the purpose of recording the Contract and any future exercise and defence of the rights and obligations of the parties.
Such processing is allowed by:
Article 6(1)(b) of the Regulation - processing necessary for the performance of the contract, and
Article 6(1)(f) of the Regulation - processing necessary for the purposes of the legitimate interests of the Administrator or of a third party.
We also use personal data to provide Users with relevant content, i.e. content that is interesting to them. On the basis of legitimate interest, we process in this way in particular personal data that are processed automatically and cookies. For the same legal reason, we may send e-mail and SMS messages to Users as our customers. The processing of personal data on this legal basis also takes place in the monitoring carried out by means of cameras on our individual establishments.
For the purposes of sending commercial communications (e-mail marketing, push notifications etc.) and telemarketing, we process personal data on the basis of consent. If you do not give us your consent and you are a User, we may send you commercial communications (or call you in the context of telemarketing) without your consent on basis of our legitimate interest to conduct direct marketing. In any case, however, you can disable such marketing communications from our side simply by sending an email to firstname.lastname@example.org, by changing your preferences in the Application settings or by clicking on the unsubscribe link in the commercial communication. If you give us your consent to the processing of your personal data, you can withdraw it at any time, see below.
Recipients using the Application hereby give their consent to Zásilkovna to be informed about the possibility of collecting the Shipment via the Application.
The personal data of Users are processed by Zásilkovna for the following reasons:
provision of services: it primarily processes your personal data in order to properly process and deliver your Shipment. If there are any problems, your personal data helps Zásilkovna know who to contact;
customer care: if you contact us with a question/problem, we need to process your data to answer/resolve it. In some cases, personal data may also be passed on to third parties (e.g. a carrier);
user account: thanks to the personal data you provide us in your user profile, you can acces a number of useful functions;
marketing activity: we send you commercial communications, that concern our products or services similar to those we provided you in the past or in which you have shown interest, on the basis of legitimate interest by e-mail or push notification. Other commercial communications (unrelated products or services, our partners’ offers or other cases when the applicable law requires your consent) can be sent to you only with your previous consent. You can easily unsubscribe from receiving commercial communications, see below. We make marketing calls for the purpose of offering our services and related marketing communications. The legal basis for processing your telephone number is either your consent or at least our legitimate interest in conventional direct marketing;
improving our services: by using your order history and web behaviour we can offer more relevant service offers;
customer service reviews: after you purchase services from us, you may be asked to rate them. You may also provide a rating on your own initiative;
Customer service: if you contact us through our customer service, we may record your phone call with prior notice. Such recordings are used by us to check the quality of service provided by our staff;
the exercise of rights and legal claims and control by public authorities: We may also process your personal data because we need it to exercise our rights and legal claims (e.g. if you have an outstanding claim against us). We may also process your personal data because we need it for the purposes of inspections by public authorities and for other similarly compelling reasons.
When you visit the Zásilkovna website, we may collect certain information, such as your IP address, the date and time you accessed the website, information about your internet browser, operating system or language settings. Zásilkovna may also process information about people's behaviour on its website, e.g. which links on the website people visit and which services they are shown. However, information about the behaviour of persons on the website is anonymised for reasons of maximum personal privacy, and therefore Zásilkovna is unable to attribute it to a specific user, i.e. a specific person.
If the User accesses the website from a mobile phone or similar device or through one of the mobile applications, Zásilkovna may also process information about the device (mobile phone data, possible records of application failures, etc.). Cookies are also processed automatically.
If a person accesses the website from a phone, tablet or similar device, the website shall be optimised for these devices. In this case, the personal data is processed in a similar way as in the case of access from a computer.
The download of the Application is a condition for the use of the services under these Conditions.
If a person allows the App to use location data, the location of his or her device may also be used to provide greater user convenience and more relevant service offerings (for example, displaying the nearest Pick-up Point). The data collected in this way may also be used to send tailored commercial communications to the User. If the User does not wish to receive such communications, he/she can easily opt out of receiving commercial communications altogether.
The personal data will be processed by Zásilkovna for the aforementioned purpose for the duration of the contractual relationship and for a maximum of 10 years from the termination of the contractual relationship, unless another legal regulation requires the retention of contractual documentation for a longer period.
Under the Regulation, Users have the right to:
request information from Zásilkovna about what personal data of Users it processes,
request access to this data from Zásilkovna and have it updated or corrected, or request restriction of processing,
request a removal of such personal data by Zásilkovna, which Zásilkovna will carry out i fit does not conflict with the law ort he legitimate interests of Zásilkovna,
to effective judicial protection if the user considers that its right under the Regulation have been violated as a result of data processing in breach of this Regulation,
the portability of data,
request a copy of the personal data processed,
file a complaint with the Office for Personal Data Protection,
object to processing of personal data on the basis of a legitimate interest of Zásilkovna.
5 The procedure for using the Application in case of sending a Shipment
In order to send a Shipment under the Mezi námi service, the Application must be installed. The User (Sender) then fills in the details of the Shipment in the Application in accordance with Article 3 of the Mezi námi Terms and Conditions.
When filling in the data about the Recipient of the Shipment, the Application uses the contact directory contained in the User's device, while the Application is entitled to display only the data of the contact selected by the User as the Recipient of the Shipment. Other contacts in the User's address book are hidden from the Application.
In case of a Shipment via Z-BOX, the User can use GPS navigation to find the nearest Z-BOX. In this case, the Application does not collect any data about the User's location.
In order to submit a Shipment via a Z-BOX, the User must have Bluetooth and GPS enabled on the mobile device to communicate with the individual Z-BOXes. Even in this case, the Application does not collect any data about the User's location.
6 Procedure for using the App in case of a Shipment pickup
When picking up a Shipment via a Z-BOX, the User must have Bluetooth and GPS enabled on the mobile device to communicate with the individual Z-BOXes. The Application does not collect any data about the User's location in this case.
The Application shall be entitled to initiate the collection of the User's location data solely in the event that a problem occurs when collecting a Shipment (e.g. the Z-BOX cannot be opened) in order to effectively resolve such problem.
7 Payment of Shipment commission and Cash on Delivery via the Application
The User is entitled to pay the Commission pursuant to Article 6 of the Terms and Conditions or the Cash On Delivery directly in the Application in accordance with Article 5.7 of the Mezi námi Terms and Conditions (hereinafter referred to as "Payment").
For the purpose of Payment by credit card, the User is obliged to enter his/her credit card details into the Application. It is at the User's discretion whether to save the details on the Application or to re-enter them each time the User pays the Cash on Delivery. The User may delete the saved data at any time.
When making a Payment, the User confirms the payment by means of a stored credit card. In the case of payment of the Cash on Delivery of less than EUR 10 (and equivalent in other currencies), the Application will not require two-step verification of payment.
8 Final provisions
Zásilkovna has the right to amend or supplement these Conditions at any time to a reasonable extent, in particular due to changes in legislation, technological changes affecting the functions of the Application or the handling of data or personal data of the User, but also due to the expansion or changes to the Application or the introduction of new services by Zásilkovna.
The contractual relationship under these Conditions, as well as claims arising therefrom, is governed by Czech law, in particular the Civil Code and the Copyright Act.