RETINO SERVICE TERMS
(hereinafter referred to as the „Terms and Conditions“) issued by the company Retino.cz s.r.o., IČO: 062 222 34, with registered office at Klimentská 1746/52 110 00 Prague 1 Czech Republic, represented by Petr Boroš, managing director, registered in the commercial register maintained by the Municipal Court in Prague, stamp C 278391 (hereinafter referred to as „Retino“).
Please read these Terms carefully before using our Retino Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and the Data Protection Agreement (DPA). These Terms apply to all Users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. The moment you start using the Service, these Terms, including the URL links, become legally the entire agreement between you as a user of the Service and us. If you do not agree with any part of the Terms or the DPA, then you may not access the Service.
- DESCRIPTION OF OUR SERVICE
The service is provided in the form of software-as-a-service (software-as-a-service), which we offer at the Internet address www.retino.com.
The primary functionality of the service is to simplify the management and settlement of complaints and returns of goods by your customers on your e-shops, or other cases, communication with your customers, transport of claimed or returned goods and possibly other functions that our service offers.
In particular, the Service also includes:
Dashboard – user interface for Users – which you or your employees use to manage your Cases, integrated and your data. The Dashboard is a web interface available on Retino web addresses. You can also change the service settings here. The dashboard is optimized for access from desktop computers, but access from a web browser on your mobile is also possible.
The portal – a smart internet portal (widget) for your customers – which you can add to your e-shop and which guides your customer through the establishment of a return or claim (or other case) without the need for the assistance of your customer support.
- TERMS AND DEFINITIONS
Unless otherwise stated in these Terms or the context clearly indicates otherwise, capitalized terms in these Terms are used in the singular and plural in the following meanings:
Price List – indicates the amount of the Fee for the Service provided to the User in accordance with these Terms, is part of the Terms and is published on the Retino website, or directly in the Dashboard;
Dashboard – the user interface available at app.retino.com, which is made available to the User for the proper use and use of all the functions of the Service;
Other User – a person whom the User has invited to his User Account through an invitation sent to the Other User’s e-mail address after entering it in the relevant section of the Dashboard;
E-shop – the User’s online store, within which the User manages and procures complaints and returns of goods purchased by his Customers (or other Cases) through the Service;
Invoicing period – is the period of time for payment of the Subscription, it is usually a month;
GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council;
Portal – a smart internet portal for your customers, which you can add to your e-shop via an integration code, through which your customers can complain or return goods (or exercise other rights);
Necessary maintenance – means regular maintenance required to preserve the features of the Service, is carried out on Retino’s initiative, is not a response to any Defect and is a period of time after which the Service is completely or partially unavailable;
Remuneration – a collective designation for the total remuneration provided by the Retin User for the provision of the Service, in the amount determined according to the valid Price List; the primary component of the Reward is the Subscription;
Personal data – any information about the data subject, on the basis of which it can be directly or indirectly identified;
Subscription – The service is provided primarily as part of a flat-rate Subscription for a specific Billing period, the amount of which is calculated according to the rules set out in these Terms and the Price List;
Case – a specific exercise of the Customer’s rights, in particular a complaint or return (return of goods by the Customer), which your Customer made in your E-shop via the Portal; if the User sets other properties of the Case, it may also be, for example, post-warranty service, etc.;
Service support – basic Retino user support, which is part of the Service, and which is provided at the time and under the conditions set by these Terms;
Service – a software service available as a web application operated by Retino, which consists in the provision of electronic tools for a fee in order to simplify and ensure the complaints and returns of Your Customers on Your E-shops (or other Cases), communication with Your Customers, transport related to settlement Cases, possibly for the purpose of providing other functions that are offered within the Service; all terms relating to the Service shall also apply to the partial services that are offered within the Service;
Consumer – any natural person who deals with us outside the scope of his business activity or outside the scope of the independent exercise of his profession;
User account – an account for the Service established by the User in accordance with these Terms and Conditions exclusively for the purpose of using the Service;
User – a registered Retino customer for whom a User Account for the Service has been established based on successful registration (also referred to as „you“);
Customer – a customer of the User who advertises or returns goods purchased on the E-shop or exercises other rights through the Service;
Defects – error conditions preventing the proper provision and use of the Service;
(Retino and the User hereinafter collectively the „Contracting Parties“ and individually the „Contracting Party“)
- 1. TERMS OF SERVICE PROVISION
1.1. User Statement. The user declares and undertakes that:
1.1.1. is fully competent to act legally,
1.1.2. all data provided to the Service are true, complete, accurate and correct,
1.1.3. will not use the Service in violation of the applicable legal regulations of the Czech Republic,
1.1.4. will use the Service only for the purpose for which it is intended,
1.1.5. has thoroughly familiarized himself with the applicable Terms and Conditions before starting to use the Service, agrees to them unconditionally and will not use the Service in violation of them.
1.2. Obligations of the Contracting Parties. Retino provides the Service to the User under the conditions set out below. The User accepts the Service under the conditions stated below and undertakes to pay Retino the Remuneration according to the Price List for its use.
1.3. Service Content. Provision of the Service means in particular:
1.3.1. the User’s right to use the Service;
1.3.2. the User’s right to set up and use a User Account for the Service;
1.3.3. the right of the User to establish and provide one or more accesses to Other Users to the Service through the User Account;
1.3.4. the User’s obligation to pay the agreed Reward according to the current Price List.
1.4. Age of the User. Retino represents that the Service is not intended for persons under the age of 16.
1.5. The Service is not intended for Consumers. The service is not intended for Consumers, but for entrepreneurs or persons in the independent exercise of a profession, or public authorities. You declare that you will use the Service as an entrepreneur, public authority, or on its behalf, exclusively for purposes related to this activity.
1.6. Use of the Service by the Consumer. If, as a Consumer, you are interested in using the Service, then you are obliged to inform us about this before establishing a User Account, in order to educate you about your rights.
1.7. Method of using the Service. The service can be used either under the „Retino“ plan or the „Retino Enterprise“ plan. For the use of the Service under the „Retino“ tariff, only these Terms and Conditions apply. To use the Service under the „Retino Enterprise“ tariff, you must enter into a tailored contract with us, which will take precedence over these Terms.
1.8. Sub-services within the Service. As part of the Service, the User may also be provided with sub-services that are part of it (e.g. sending SMS). For the avoidance of doubt, all the rules stated in these Terms and Conditions, which relate to the provision of the Service, shall also be reasonably applied to the provision of sub-services that are part of the Service itself.
- 2. INTELLECTUAL PROPERTY
2.1. Service. The Service, as well as all related software, is the intellectual property of Retino.
2.3. Violation of intellectual property rights by the User. Assuming that the User violates the obligations set forth in this article, Retino has the right to withdraw from the contractual relationship according to these Terms and Conditions and demand compensation from the User for all damages incurred as a result of such a violation, including non-pecuniary damage.
- 3. PORTAL
3.1. Portal. An important part of the provision of the Service is the Portal, thanks to which the User’s Customers can complain or return goods, or exercise other rights on the User’s E-shop. The User can implement this Portal on their E-shop through a unique integration code that can be found in the Dashboard.
3.2. A portal as a work. The portal is an author’s work in the sense of copyright law. Retino Users on based on the registration of his User Account, he grants a license to exercise the right to use the Portal in the form in which it is available at a given specific time. The license is granted as non-exclusive, for the duration of the contractual relationship according to these Terms (but no longer than for the duration of property rights to the Portal), exclusively for the purpose of using the Portal in accordance with these Terms and in a corresponding manner. The license is granted worldwide. The Portal is made available to the User through remote access (through the Dashboard) following the registration of the User’s User Account.
3.3. Assignment of License. The user is not authorized to grant a sub-license to third parties, nor to transfer the license to a third party.
3.4. Licensing fee. The payment for the license to the Portal is included in the total Reward.
- 4. USER REGISTRATION
4.1. User registration as a condition of using the Service. Registration is a necessary condition for accessing the Service and for its proper use; The user acknowledges this condition and undertakes to complete the proper registration.
4.2. Method of User registration. Registration is done either by filling out the registration form at app.retino.com/onboarding/. By registering, the User confirms that he has read and agrees to these Terms of Service.
4.3. Correctness, completeness of data and updating. The User hereby undertakes to provide correct and complete personal information in the registration form and/or directly in the Service. The User is obliged to update these data according to the valid status. At the same time, the User has the right to change and add to the registration data during the use of the Service.
4.4. Reporting obligation in case of misuse of access data. The User is obliged to immediately notify Retino of any misuse or even an attempt to misuse his access data and at the same time is obliged to choose new access data to the User Account without delay. The user is obliged to choose a secure password.
4.5. Deactivation of the User Account. The User can deactivate his User Account at any time through the Dashboard. If the User Account is deactivated during the Billing Period, the User Account will only be deactivated at the end of this Billing Period. Retino’s claim to the Reward for the Billing Period in which the User Account was deactivated is not affected by this.
- 5. REGISTRATION OF ANOTHER USER
5.1. Invite another user. The user has the option to invite other users to his user account. In such a case, he is obliged to provide the correct identification data of the new Additional User.
5.2. Registration. Another user as a condition of using the Service. Registration is a necessary condition for access to the Service and its proper use by the Other User. The next user acknowledges this condition and undertakes to complete the proper registration.
5.3. Agree to the Terms. At the moment of registration, after clicking on the invitation sent by the User to the e-mail address of the Other User, the Other User agrees to use the Service under these Terms, while all the terms of the provision of the Service relating to the User, including the relevant rights and obligations, shall also apply appropriately to the Other User.
5.4. Next user access level. The user has the option of setting the level of access of other users invited by him. The individual levels distinguish the range of Service functions to which the given Additional User has access within the User’s User Account. Additional User access levels are as follows:
5.4.1. Agent. The User has access only to limited functions of the Service, cannot invite Other Users, view some data, delete certain data and others.
5.4.2. Administrator. The administrator has access to all functions of the Service, like the User himself.
5.5. Material responsability. Retino is not responsible for any damage caused to the User as a result of setting the access level of Another User. Furthermore, Retino is not responsible for any damage caused to the User by the Other User invited by him.
- 6. CASES
6.1. Cases. The primary function of the Service is the management and settlement of Cases (especially complaints and returns) of the User’s Customers.
6.2. Case Settings. In addition to the basic set Cases (complaints and returns), the User can set his own Cases (including their names and properties) in the Dashboard, which he wants to manage and settle through the Service (e.g. post-warranty service).
6.3. Creation of a new Case. A new Case within the Service can be created either by the Customer creating a new Case (filling in and sending a request) through the Portal on the User’s E-shop, or if the User creates a new Case manually in the Dashboard. The number of Cases that arise during a specific Billing Period affects the amount of the total Reward.
6.4. Material responsability. Retino is not responsible for any damage caused to the User as a result of incorrect creation, setting or assignment of the Case by the User or Another User. Retino is not responsible for any other damage caused to the User as a result of or in connection with his own actions or the actions of Another User (e.g. if he inadvertently deletes the Case, correctly sets a deadline, etc.).
- 7. TRAFFIC
7.1. Transport. One of the other functions of the Service is the mediation of return transport related to a specific Case.
7.2. Method of payment for transport. Transport can be carried out within the Service either by being paid for by the E-shop (or the User) or by the E-shop Customer.
7.3. Shipping paid by the Customer. If the User wants the Customer to pay for the transport within a specific Case, he can set this function in the Dashboard in the „Transport paid by the customer“ section. In such a case, transport is carried out on the basis of the Retino transport contract. Thus, when entering the case in the Portal, the customer chooses the preferred type of transport from the options we currently offer and immediately pays for the transport. The Retino User does not pay any Remuneration for the transport paid by the Customer. Since, in the case of transport paid by the Customer, a contract is created between Retin and the Customer (not between Retin and the User), our special conditions apply to transport paid by the Customer.
7.4. Transport paid by the User. If the User wants the User to pay for the transport within a specific Case, he can set this function in the Dashboard in the „Types of transport“ section. In such a case, transport is carried out on the basis of the User’s transport contract, which the User must enter in his User Account. Retino then, on the User’s instructions, orders the implementation of the transport with the User’s carrier.
7.5. Transport reward. Partial services related to transport may be charged beyond the scope of the Subscription according to our current Price List.
7.6. Material responsability. Retino is not responsible for any damage caused to the User in connection with the delivery. Retino only forwards the User’s instruction to his carrier, so the carriers chosen by the User, or the User himself or another user as a result of incorrect input of Retino’s instruction, are primarily responsible for damage caused in connection with the execution of the transport.
- 8. REFUNDS
8.1. Refunds. One of the other functions of the Service is the provision of refunds for the User’s Customers within a specific Case. Refund settings are possible through the Dashboard in the „Refund“ section.
8.2. How the refund works. If the User decides to use the sub-service of guaranteeing a refund, Retino, based on the creation of a new Case by the Customer, automatically sends a payment order to the User’s bank account, which he states in his User Account.
8.3. Checking the payment order. Retino offers the option of securing a refund, especially to simplify the entire process for the User. Therefore, Retino does not check the correctness of the data related to the refund, and the User is obliged to check each payment order that Retino sent to the User’s bank account as part of the refund. Retino is not responsible for any damage caused as a result of an erroneous refund.
8.4. Correctness and completeness of data. As part of the refund, the User is obliged to provide correct and complete data in his User Account, in particular data about his bank account, preferred refund currency, maturity shift, API token and others. The User is obliged to update these data according to the valid status.
8.5. Material responsability. Retino is not responsible for any damage caused to the User as a result of providing incorrect or incomplete data according to the previous paragraph 8.3 of these Terms and Conditions. At the same time, Retino is not responsible for any damage caused to the User as a result of the fact that the payment did not take place or did not take place properly, while the User’s bank is primarily responsible for such damage.
- 9. REWARD
9.1. Applicability of the Service. The service is provided for a fee, usually as a Subscription or a one-time reward in the amount according to the valid Price List. The User hereby undertakes to pay Retino Remuneration in the specified form and amount for the provision of the Service.
9.2. Amount of Reward. The amount of the Reward for a specific Billing Period is calculated according to the type, number and scope of individual partial services that were provided to the User in a specific Billing Period as part of the Service. The exact amount of the Reward and the detailed method of its calculation are set out in the valid Price List.
9.3. VAT. Unless otherwise stated in the Price List, all prices contained in it are listed without VAT, which is charged to the stated price at the legal rate. The amount of VAT charged may therefore change depending on changes in legislation.
9.4. Trial period and activation of the first Subscription. A 14-day trial period begins at the moment of the User’s registration in accordance with Article 4 of these Terms, during which the User can use the Services free of charge. After the expiration of 14 days, the first Billing Period begins and Retino is entitled to the first Subscription for this first Billing Period. The subscription for the first Billing Period will be charged together with the rest of the Reward from the User’s payment card at the end of this first Billing Period. If the User deactivates his User Account before the end of this trial period, the Billing Period will not start and the User does not have to pay the Subscription.
9.5. Subscription. For the use of the Service, the User is obliged to pay the Retino Subscription in the amount determined depending on the number of Cases arising in the given Billing Period, and in the manner and according to the rules set out in the Price List. The Subscription is part of the total Reward that belongs to Retin for the given Billing Period for which the Subscription was activated or renewed. If the User does not use any of the paid sub-services available within the Service (e.g. SMS sending) in the given Billing Period, the Subscription is usually the only component of the Reward.
9.6. Minimum Subscription. If no new Cases occur within the User’s User Account during the given Billing Period, the User is obliged to pay the Subscription in the minimum amount specified in the applicable Price List.
9.7. Renewal of Subscription. If the User Account is not deactivated by the User or by Retino, the Subscription will be automatically renewed under the same conditions at the end of each Billing Period.
9.8. Retino’s Right to Payment for a Renewed Subscription. If the User Account is not deactivated by the User, Retino has the right to pay for the renewed Subscription after the automatic renewal of the Subscription.
9.9. Automatic payment of renewed Subscription including Reward. If the Subscription is renewed in accordance with these Terms, at the end of the Billing Period for which the Subscription was renewed, this Subscription will be charged to the payment card (together with the remainder of the total Reward due to Retin for such Billing Period) that the User currently states in within your User Account.
9.10. Cancellation of Subscription renewal. The User can cancel the renewal of the Subscription by deactivating his User Account.
9.11. Maturity of Rewards. Retino’s entitlement to the total Reward (including the Subscription) always arises at the end of the relevant Billing Period.
9.12. Method of payment of the Reward. The reward can only be paid via the User’s payment card. The total Reward (including the Subscription) will always be charged at the end of the relevant Billing Period from the User’s payment card, which he states in his User Account. The User agrees to this at the moment of inserting the payment card into his User Account. Payment by bank transfer is only possible for Users who cooperate with us on the basis of a tailor-made contract within the „Retino Enterprise“ tariff.
9.13. Overview of the provisional amount of the Reward. To check, the User can monitor the amount of the Reward that currently belongs to Retin for the current Billing Period in his User Account, in the Dashboard in the „Invoicing“ tab.
9.14. Price List change. The price list can be changed unilaterally by Retino. Information about the planned change to the Price List will always be available on our website. The planned change to the Price List will be notified to affected Users at least one month before these changes take effect, in the form of a notification in the User Account or by e-mail. If the User does not agree to the Price List change, he is obliged to stop using our Service.
9.15 Payment gateway. All payments are made through the Stripe payment gateway, which is operated by Stripe Payments Europe (Europe), located at The One Building, 1 Grand Canal Street Lower, Dublin 2, Co. Dublin, Ireland, IN: IE513174.
9.16. Payment data and information. The user is obliged to provide accurate, valid and complete information for invoicing and making the payment when setting the payment method of the Reward. In the event that any such information changes, the User is required to update this information within their User Account.
9.17. The moment of payment of the Reward and provision of the Service. The reward is considered paid after the funds in the agreed amount have been credited to the Retino bank account. Retino is not obliged to start providing the Service before the payment of the entire part of the Reward.
9.18. Delay by the User and temporary restriction of the provision of the Service. In the event of a delay in payment of the Reward, or any part of it, i.e. in particular, if for any reason the Reward is not automatically deducted from the User’s payment card, Retino is entitled to limit the provision of the Service to the User in accordance with these Terms and to restore it again only after payment of the owed Reward and, if necessary, choosing new or correction of the existing method of payment of the Reward.
9.19. Overview of payments and tax documents. An overview of all payments and tax documents is available in electronic form in the User’s User Account, which can be found in the User’s Dashboard.
- 10. USER RIGHTS AND OBLIGATIONS
10.1. Obligation of the User regarding the use of the Service. The user undertakes that:
10.1.1. will not carry out any such action that would be capable of disrupting or damaging the Service and endangering or making it impossible to provide it;
10.1.2. will neither attempt nor use any interface other than the interface provided by Retin for that purpose to access the Service;
10.1.3. will not disclose all identification data and passwords necessary for the User’s access to the Service to any third party, and if he discovers the misuse of his identification data and passwords by any third party, he will immediately notify Retino of this fact; in the event that the User intentionally discloses his identification data or passwords to a third party (e.g. his employee), he is responsible for all ou damage caused to Retino by this third party;
10.1.4. chooses a Retin password that corresponds to a high level of security for the User Account.
10.2. Violation of these Terms by the User. It is not a violation of the Terms if the Service is not properly provided because the User has violated some of the provisions of these Terms. In the event that the User violates the obligations according to paragraph 10.1 of these Terms, Retino is entitled, even without prior notice, to immediately stop providing the Service to the User, deny access to the Service and withdraw from the contractual relationship according to the Terms.
10.3. Compensation for damage incurred by Retin for breach of the User’s obligations. If the User violates any of his obligations under these Terms, he is obliged to compensate Retino for all damages incurred in connection with such a violation, including non-pecuniary damage.
10.4. Technical equipment of the User. The User is obliged to ensure adequate technical equipment that will enable him to use the features of Retino in accordance with these Terms. The user is obliged to check whether his technical equipment meets the technical requirements of Retino before starting to use Retino.
10.5. Service defects. In the event that any Defect occurs within the provision of the Service to the User, the User is obliged to notify Retino of this fact without undue delay, in writing to the e-mail address email@example.com. Based on the User’s notification, Retino will attempt to repair the resulting Defect without undue delay.
- 11. RIGHTS AND OBLIGATIONS OF RETINO
11.1. Changes to the Service. Retino is entitled to make changes (updates) to the content and functions (adding and removing content/functions) of the Service at any time. This happens automatically and these Terms also apply to the updated Service. The user is not entitled to reject changes, as the Service is provided „as is“. The User will be notified of updates to the Service either via e-mail, the Retino website or via the User Account.
11.2. Disagreement with changes to the Service. In the event that the User does not agree to the change of the Service according to the previous paragraph, he is obliged to stop using the Service and withdraw from the contractual relationship according to these Terms.
11.3. Service Outages and Retino Liability. Retino is not responsible for interruptions in the operation of the Service. However, Retino will use reasonable efforts to restore the Service as soon as possible.
11.4. User Account Control. Retino may monitor the User’s User Account and suspend the provision of the Service if it detects a violation of these Terms; immediately informs the User about this.
11.5. Procedure in case of malfunctions on the part of the User. Retino reserves the right to limit or temporarily stop the provision of the Service in cases of technical malfunctions on the part of the User or in the Internet network, of which it will inform the User without undue delay. In particular, these are internet outages or circumstances that require the cooperation of third parties.
11.6. Use of the User designation in references. The User agrees that Retino may use any brands, logos and trade names to identify the User as its users/customers in addition to any marketing materials on the website and/or within the Service. For this purpose, the User grants Retino a non-exclusive, worldwide license to use such brands, logos, or trade names, for the duration of the contractual relationship between the User and Retino. The user may withdraw his consent and withdraw from the granted license by sending an e-mail to firstname.lastname@example.org.
- 12. LIMITATION OF RETINO’S LIABILITY
12.1. Exclusion of Retino’s liability for damage resulting from Necessary Maintenance. The User acknowledges and agrees that Retino is not liable for any financial losses incurred by the User caused by the suspension of the Service due to its update or Necessary Maintenance.
12.2. Responsibility for limiting the functioning of the Service due to reasons on the part of the User. Retino is not responsible for limiting the functioning of the Service due to reasons on the part of the User. Retino is not responsible even if the provision of the Service to the User is restricted due to failure to pay the Reward on time.
12.3. Limiting or preventing the use of the Service independent of Retino’s will. Retino is not responsible for the impossibility or limitation of the User’s use of the Service due to any circumstances of a technical nature that Retino is unable to influence or the solution of which requires the cooperation of third parties.
12.4. Links to third party websites or services. The Service may contain links to third-party websites or services that Retino does not own or control. Retino has no control over the content, privacy policies, or practices of any third-party websites or services. Retino shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or through any such content, goods or services available on or through such websites or services, or caused or alleged to be caused by reliance on No.
12.5. Limitation of Liability for Damages. In the event that Retino is obliged to compensate the User for any damage incurred in connection with the provision of the Service, the Contracting Parties have agreed that Retino will be obliged to compensate the damage up to the maximum amount of the Remuneration that the User was obliged to pay for the Invoicing Period in which it occurred damage.
- 13. FORCE MAJEURE
13.1. Conditions for the application of force majeure. Retino is not responsible for breach of obligations under these Terms and Conditions caused by force majeure, unless these Terms and Conditions provide otherwise.
13.2. What is a higher power? Force majeure means any obstacle that occurred independently of Retino’s will and prevents him from fulfilling his obligation, if it cannot reasonably be assumed that Retino would avoid or overcome this obstacle or its consequences, and further, that it would have foreseen this obstacle at the time of the obligation.
- 14. SUPPORT
14.1. Providing support. Retino does not guarantee the provision of technical support to Users. However, the user can contact Retino technical support either through the chat box in the Dashboard or by email at email@example.com, and Retino will try to resolve your request as quickly as possible. If you contact technical support on working days between 9:00 a.m. and 5:00 p.m., there is a greater chance that your request will be dealt with faster.
- 15. NECESSARY MAINTENANCE
15.1. Maintenance required. It is not a breach of these Terms if the Service is not provided as a result of Necessary Maintenance. Necessary maintenance is usually announced in advance through the User Account or on the Retino website.
15.2. Notice of maintenance required. The User is obliged to tolerate a short-term shutdown of the Service consisting of its limitation or interruption. The User will usually be notified of this through a notification in the User Account, on the Retino website or by e-mail at least 12 hours before it takes place. In such notice, Retino shall indicate the type of maintenance and the estimated time of commencement and completion of the work.
15.3. Update. In addition to Necessary Maintenance, Retino will also perform free updates to the Service. The aim of these updates is to improve the provision of the Service and to facilitate operation in the User Account. Updates to the Service are usually carried out without interruption, but in some cases Retino is entitled to limit or suspend the provision of the Service for the time necessary to carry out the update. Retino usually notifies the User of updates through the User Account, on the Retino website or by e-mail.
- 16. DURATION AND POSSIBILITIES OF TERMINATION OF THE CONTRACTUAL RELATIONSHIP
16.1. Duration of the contractual relationship. This contractual relationship is concluded for an indefinite period at the moment of the User’s registration for the Service.
16.2. Termination by the User. The User has the right to unilaterally terminate the contractual relationship under these Terms and Conditions without giving a reason, by deactivating his User Account through the Dashboard. The contractual relationship according to these Terms and Conditions is considered terminated on the last day of the Billing Period in which the User deactivated his User Account.
16.3. Disclaimer by Retino. Retino has the right to unilaterally terminate the contractual relationship under these Terms and Conditions without giving a reason, either by written notice sent to the User’s e-mail address, which he indicates in his User Account, or by deactivating the User’s User Account. Retino informs the User about the possible deactivation of the User’s account via his e-mail indicated in his User’s account no later than on the day of its deactivation. The contractual relationship according to these Terms and Conditions is considered terminated on the last day of the Billing Period, in which the termination was delivered to the User, or in which the User’s User Account was deactivated.
16.4. Ending fiction. The contractual relationship according to these Terms and Conditions is considered terminated after 2 years have passed since the last login to the User Account. In such a case, Retino is entitled to delete the User’s User Account.
16.5. Loss of ability to provide the Service. The User agrees that in the event that Retino loses the ability to provide the Service through no fault of its own, i.e. for example due to a change in legal regulations, the contractual relationship according to these Terms and Conditions shall be deemed terminated at that moment, which is not considered a violation of these Terms and Conditions.
16.6. Material breach of the Terms. Retino has the right to limit or not provide the Service, or to block the User Account and immediately withdraw from the contractual relationship according to these Terms and Conditions, as soon as it discovers a material violation of them. In particular, the following is considered a material breach of the Terms and Conditions:
16.6.1. such behavior of the User, which is capable of endangering the software necessary for the provision of the Service in any way;
16.6.2. The User acts in violation of these Terms;
16.6.3. The User used the Service in such a way that may damage or even damaged Retino, and/or even just tried to abuse, block, modify or otherwise change any part of the Service;
16.6.4. The User has even attempted to obtain the login names and/or passwords of other Users of the Service;
16.6.5. if the Other User invited by the User has committed the conduct referred to in this paragraph 16.5. of these Terms;
16.7. Remuneration already paid and termination of contract external relationship. In the event of termination of the contractual relationship according to these Terms and Conditions, the User has no right to return any part of the already paid Reward for using the Service.
- 17. PROTECTION OF PERSONAL DATA
17.1. Retino is a personal data processor. Users entrust us with the Personal Data of their Customers or other persons. Details of our obligations as a processor can be found in the Personal Data Processing Agreement (DPA), which is Annex No. 1 and an integral part of these Terms and Conditions.
17.2. Retino is the administrator of Personal Data. With which Personal Data we work can be found in the Personal Data Processing Policy.
- 18. CONCLUSION
18.1. The rule of law. These Terms are governed by the legal order of the Czech Republic, at the same time conflicting norms of international private law are excluded.
18.2. Amicable dispute resolution, jurisdiction. We will always try to resolve the dispute between us amicably. If it is not possible to reach an amicable solution to the matter, then the courts will come to the fore. We agree that any disputes arising in connection with the use of the Service will be resolved materially and locally by the competent court for the territory of the District Court for Prague 1 in the Czech Republic.
18.3. The duration of the provisions even after the termination of the contractual relationship according to these Terms and Conditions. The rights and obligations set forth in the provisions of articles 2, 3, 12, 13 and paragraphs 5.5, 6.4, 7.6, 8.5, 10.3, 16.7, 18.2, 18.3. they remain in force even after termination of the contractual relationship according to these Terms.
18.4. Changes to the Terms. These Terms may be unilaterally changed or canceled by Retino in writing.
18.5. Declaration of legal succession. The contracting parties declare and agree that the rights and obligations arising for them from these Terms and Conditions pass to their legal successors in the event of termination or any other legal facts resulting in the transfer of rights and obligations.
18.6. Validity and effectiveness. These Terms and Conditions become valid and effective on July 3, 2023.
PERSONAL DATA PROCESSING AGREEMENT APPENDIX No. 1 TO THE TERMS OF PROVIDING THE RETINO SERVICE
(hereinafter referred to as the “Processing Agreement”) concluded between:
A. By you who have chosen to use the Retino Service; (hereinafter referred to as “Administrator” or “you”)
B. Retino.cz s.r.o., ID number: 06222234, with registered office at Klimentská 1746/52, Nové Město, 110 00 Prague 1, represented by Petr Boroš, managing director, registered in the commercial register maintained by the Municipal Court in Prague, stamp C 278391,
(hereinafter referred to as “Processor”, “Retino”, or “we”)
(Processor and Administrator hereinafter collectively as „Contracting Parties“ and individually „Contracting Party“).
If you use the Retino service (“Service”), then Retino will be the processor of the Personal Data you entrust to us. The service is provided on the basis of the Retino Terms of Service (“Terms”). By concluding the Agreement, you confirm that you have read and agree to the Processing Agreement, and that it is legally binding on you. This Processing Agreement applies to all users who access or use the Service.
Please read carefully this Processing Agreement, which defines the terms of processing of Personal Data under which the Service is provided. In case of questions related to the processing of Personal Data, you can contact us at any time at firstname.lastname@example.org.
The contracting parties process Personal Data in connection with the concluded Agreement in accordance with legal regulations, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter referred to as „GDPR“). According to the GDPR, the Contracting Parties must adjust the processing rules in writing, which they do in this Processing Agreement.
- INTRODUCTION AND BRIEF OVERVIEW OF THE CONTENTS OF THE AGREEMENT
1.1. Subject and purpose of the Processing Agreement. By concluding this Processing Agreement as Administrator, you authorize the Processor to process Personal Data for you in connection with the provision of the Service. The goal is to ensure the protection of Personal Data to the extent required by law. The scope of processed Personal Data can be found in Appendix A of this Processing Agreement.
1.2. Retino service. The Retino service mainly consists in the provision of services in facilitating the complaint process, providing access to software for the management of return processes and other services, as further defined in the Terms.
1.3. What does the position of Processor and Administrator mean? When using the Service, you provide us with Personal Data of which you are the Administrator, which we subsequently process at your instruction and to the extent chosen by you. When processing Personal Data, you are in the position of Administrator of Personal Data pursuant to Article 4, Paragraph 7 of the GDPR, and Retino is in the position of Processor pursuant to Article 4, Paragraph 8 of the GDPR.
1.4. Written form. Written form. Pursuant to Article 28 GDPR, the Contracting Parties shall regulate the processing rules in this Processing Agreement in writing.
1.5. Definition. Definitions of terms in the Conditions will be taken over in the same meaning in this Processing Agreement.
1.6. Duration of the Terms. This Processing Agreement is concluded for the duration of the Agreement according to the Terms.
1.7. The moment of conclusion and termination of the Processing Agreement. The processing agreement is concluded at the moment of completion of registration for the purpose of using the Service (conclusion of the Agreement). It is possible to terminate the Processing Agreement under the same conditions as terminating the use of the Service according to the Terms.
1.8. Effects of Termination. The termination of this Processing Agreement also results in the termination of the contractual relationship in the areas covered by this Processing Agreement, unless the Contracting Parties agree otherwise. Termination of the Terms also terminates this Processing Agreement. Termination of this Processing Agreement, however, does not affect the Processor’s obligations when handing over (returning) Personal Data to the Controller or their disposal and maintaining the confidentiality of information.
- 2. COMMON OBLIGATIONS OF ADMINISTRATOR AND PROCESSOR
2.1. Lawfulness of processing. The Administrator and the Processor undertake to comply with the regulations governing the protection of Personal Data.
2.2. Cooperation. The Administrator and the Processor undertake to assist each other to the necessary and reasonable extent in the fulfillment of obligations in the processing of Personal Data, which result from mutually concluded contracts and legal regulations, especially in connection with reactions to the exercise of the rights of data subjects, with security incidents and also including the development of an impact assessment and negotiations with supervisory authorities. The contracting parties undertake to provide the necessary documents for processing the request regarding the processing of Personal Data in accordance with the Terms. The Contracting Party shall provide these documents without undue delay, but no later than within 10 working days from the receipt of the request for cooperation to the other Contracting Party.
2.3. Incident. A Party shall notify the other Party that it has become aware of a security breach within 48 hours of becoming aware of the breach. Breach is to be understood as any case of violation of the security of Personal Data, which can potentially lead to accidental or illegal destruction, alteration or unauthorized provision or disclosure of Personal Data that is processed on the basis of the Agreement as amended by the Terms.
- 3. RIGHTS AND OBLIGATIONS OF THE PROCESSOR
3.1. Access restrictions. The Processor shall ensure that access to Personal Data is limited only to (a) employees who process Personal Data as part of their work, and further (b) persons who cooperate with the Processor and may process Personal Data for them as part of their cooperation, namely in accordance with the terms of this Processing Agreement and for the purpose of providing Services based on the Agreement as amended by the Terms. If these persons are not subject to a legal obligation of confidentiality, the Processor will ensure their contractual confidentiality.
3.2. Commitment of the Processor regarding the measures taken. The Processor has adopted and undertakes to maintain appropriate technical and organizational measures according to the GDPR regulations that apply to the Processor throughout the duration of this Processing Agreement. An overview of the measures taken can be found in Appendix B of this Processing Agreement.
3.3. Obligation of the Processor. The processor undertakes:
3.3.1. when processing personal data, comply with all obligations arising for processors of Personal Data from relevant legal regulations;
3.3.2. process Personal Data exclusively on the basis of the Administrator’s instructions made in accordance with this Processing Agreement, including in matters of transferring Personal Data to a third country or an international organization;
3.3.3. notify the Administrator without undue delay of cases where an inspection or other administrative procedure is initiated by the Office for the Protection of Personal Data or another administrative body in relation to the processing of Personal Data by the Processor, and provide the Administrator with all information about the progress and results of this inspection, or the course and results of such proceedings;
3.3.4. to assist the Controller in ensuring compliance with the Controller’s obligations regarding the security of Personal Data pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of the processing to be carried out by the Processor;
3.3.5. to enable the Administrator to conduct internal audits, including inspections, carried out by the Administrator or another auditor authorized by the Administrator, on the condition that these are notified to the Processor one month before their performance; The Processor may raise objections against any auditor who has been commissioned by the Administrator, if he is not independent, is in a competitive or similar position to the Processor. Based on the objection raised by the Processor, the Administrator is obliged to appoint another auditor;
3.3.6. report to the Administrator any breach of security of Personal Data of which he becomes aware, without undue delay, no later than 48 hours from the moment he becomes aware of the breach of security. The minimum scope of this notice is set out in Article 33 paragraph 3 of the GDPR;
3.3.7. keep records of all Personal Data security breaches and corrective measures taken to ensure an adequate level of processing security. The processor is obliged to provide lawyers, all the necessary cooperation connected with the investigation of security breaches and the fulfillment of the Administrator’s obligations according to Article 33 to 34 of the GDPR;
3.3.8. to assist the Administrator in documenting processes or documents that demonstrate that the Administrator complies with the GDPR.
3.4. Reimbursement of costs. The contracting parties have agreed that the Processor is entitled to reimbursement of reasonable costs associated with the provision of cooperation against the Administrator.
3.5. Confidentiality of the Processor. The Processor undertakes to observe the obligation of confidentiality regarding all Personal Data transferred by the Administrator, and will keep them confidential, will not disclose them, and will not be accessible to a third party, neither in whole nor in part, unless they are to be transferred on the basis of an instruction from the Administrator, or if so the law assumes.
3.6. Business secret. All information and documents that the Processor makes available to the Administrator in connection with an audit or inspection form part of the Processor’s trade secret and, unless otherwise specified, are subject to confidentiality requirements under this Processing Agreement. This information and documents may only be made available to the authorized supervisory authority.
3.7. Lawfulness of processing. The Processor undertakes to fulfill the obligations of the Processor regarding the protection of Personal Data for the entire period of validity of the Agreement, unless it follows from the provisions of the Agreement, this Processing Agreement or relevant legal regulations that they should continue even after its termination.
3.8. Involved processors and involvement of a new processor. The processor also involved in the processing of Personal Data the providers Amazon Web Services, Inc., Twilio Ireland Limited, Stripe Technology Europe, Limited, HERE Global B.V., PPL CZ s.r.o., Direct Parcel Distribution CZ s.r.o., Liftago, a.s., General Logistics Systems Czech Republic s.r.o., GLS General Logistics Systems Slovakia s.r.o., GLS General Logistics Systems Hungary Csomag-Logisztikai Kft. If the Processor will involve other processors, it informs the Administrator about this before this change via e-mail or directly in the Application. If the Administrator does not agree with the involvement of a new processor, he can file an objection, no later than 5 days from the delivery of the Processor’s notification. Filing an objection, and thus not engaging a new (sub)processor, may result in the inability to use the Service.
3.9. Programmers and other specialists Processors. The Administrator expressly agrees to the involvement of other processors – programmers and other specialists of the Processor in the position of natural persons doing business who provide services to the Processor based on a cooperation agreement.
3.10. Obligation of the Processor in case of termination of cooperation. The Processor undertakes to delete all Personal Data upon termination of the Services and to return them, including all copies, at the request of the Administrator, unless the law of the EU or the Czech Republic requires their storage. In such a case, they will be returned within a period of three months from the delivery of the Administrator’s request through a secure storage facility, which the Administrator specifies in its request and provides the Processor with access to. If, after three years from the end of cooperation, the Administrator does not instruct the transfer of Personal Data, the Processor will notify the Administrator of the possibility of returning the data. If the Controller does not give an instruction to transfer the data within one month of the notification, the Personal Data will be deleted with regard to the fulfillment of its legal obligations.
3.11. Data return. The Administrator may request the Processor to send backed-up data in accordance with the Terms, no later than 2 months after the deletion of the User Account. After this period expires, the Administrator’s data is irretrievably deleted.
- 4. FINAL PROVISIONS
4.1. The rule of law. Generally binding legal regulations apply to matters not specifically regulated in this Processing Agreement. The processing contract is governed by and will be interpreted in accordance with the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., Civil Code, as amended. The contracting parties have agreed that business practices do not take precedence over any provisions of the law, even over provisions of the law that do not have binding effects.
4.2. Higher power. The Processor is not responsible for situations where it could not fulfill its obligation arising from the Processing Agreement due to an event referred to as force majeure (war, riots, terrorism, rebellions, strikes, fires, epidemics or natural disasters).
4.3. Communication of the Contracting Parties. The contracting parties agree that their communications regarding the Processing Agreement (including notification of a security incident) will take place via e-mail addresses:
4.3.1. Administrator: e-mail address with which the Administrator registered for the Service;
4.3.2. Processor: email@example.com;
4.4. No Assignment. No Contracting Party may in any way assign or transfer the rights and obligations arising from this Processing Agreement or related to this Processing Agreement without the prior written consent of the other Contracting Party.
4.5. Updates and changes. The Processor reserves the right to modify or update this Processing Agreement. If we make changes that change the rights and activities from the Processing Agreement, you will be informed about this in time via an e-mail that we will send to you. If you continue to use the Service, you agree to the updated wording of the Processing Agreement. If you do not agree with the changes, please stop using the Service.
4.6. Efficiency. This Processing Agreement is effective in this version from July 3, 2023.
4.7. Attachments. The following attachments are part of the Processing Agreement:
Annex A: Nature, scope, duration and purpose of processing Personal Data,
Annex B: Technical and organizational measures.
APPENDIX A: TO THE PERSONAL DATA PROCESSING AGREEMENT NATURE, SCOPE, DURATION AND PURPOSE OF PERSONAL DATA PROCESSING
- NATURE, SCOPE, DURATION AND PURPOSE OF PERSONAL DATA PROCESSING
Nature of processing. Personal data is processed automatically through the Processor’s systems used by the Processor to provide the Service.
Nature of processing. Personal data is processed automatically through the Processor’s systems used by the Processor to provide the Service.
Purpose. The purpose of processing is to enable Administrators to use the Service (fulfilment of the Agreement).
Legal reason for processing. The legal reason for the processing of Personal Data as part of the provision of the Service is the fulfillment of the Contract (as amended by the Terms).
Scope of processing: Depending on how the Administrator uses the Service, the following Personal Data may be processed in particular in connection with the provision of the Service:
Contact information: Name, surname, e-mail, telephone number, address, ID number, registered office, order number, account number, address;
Data on tax documents: Contact data, order number, account number, invoice number; or
Special category of Personal Data. The Administrator undertakes not to make available to the Processor any Personal Data that fall into a special category of Personal Data within the meaning of Article 9 of the GDPR. Special categories of Personal Data may only be processed after explicit prior agreement with the Processor. What are special categories of Personal Data? These are Personal Data that indicate the racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health status or sex life or sexual orientation of a natural person. Genetic and biometric data are also considered a special category of data if they are processed for the unique identification of a natural person.
Data subject. As a rule, these are Personal Data of customers or clients of the Administrator, employees of the Administrator and other cooperating persons, including suppliers, users of the Administrator’s website, business partners or their employees or representatives.
Processing time. . Personal data is processed for the period during which the Contracting Parties are bound by the Contract as amended by the Terms, unless the agreement of the Contracting Parties or a legal regulation stipulates a longer period.
APPENDIX B: TO THE PERSONAL DATA PROCESSING AGREEMENT
- TECHNICAL AND ORGANIZATIONAL MEASURES
Technical measures. Security is very important to us and that is why we constantly work to ensure that your Personal Data is protected. When choosing measures, we take into account the scope of processing, the riskiness of processing or the state of our technology.
• We back up data regularly;
• we update anti-virus software systems;
• we encrypt data using SSL/TLS („secure sockets layer / transport layer security“) for all data transmission;;
• we use a secure https protocol;
• our data on servers is encrypted;
• we develop technology with regard to the protection of personal data (privacy by design);
• access passwords to information systems (where Personal Data will be processed) and access authorizations are controlled at the level of individuals.
Organizational measures. We have adopted and undertake to comply with the following measures:
• Our employees and our service providers are bound by confidentiality;
• Our employees are properly trained and also receive further regular training regarding the GDPR and familiarize themselves with the rules of safe work on work equipment;
• In the case of storing API keys, we remove authorization data;
• Access to all systems, including the information system, is personalized and covered by secure passwords;
• We keep passwords in the operational environment in a separate place (Safe store), where logs are recorded, so that we can control the access of employees to individual Personal Data of Users.