I. Protection of personal data

1.1 By entering personal data, the user confirms that he/she understands the terms of personal data protection, that he/she expresses his/her consent to their wording, and that he/she accepts them in their entirety.

1.2 The Provider is the controller of the users’ personal data pursuant to Article 4(7) of Regulation (EU) 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: “GDPR”). The Provider undertakes to process personal data in accordance with legal regulations, in particular the GDPR.

1.3 Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.4 When placing an order, personal data is required that is necessary for the successful processing of the order (name and address, contact). The purpose of processing personal data is to process the user’s order and exercise the rights and obligations arising from the contractual relationship between the Provider and the User. The purpose of processing personal data is also to send commercial communications and carry out other marketing activities. The legal reason for processing personal data is the performance of the contract pursuant to Article 6(1)(b) of the GDPR, the fulfillment of the controller’s legal obligation pursuant to Article 6(1)(c) of the GDPR and the legitimate interest of the Provider pursuant to Article 6(1)(f) of the GDPR. The legitimate interest of the Provider is the processing of personal data for direct marketing purposes.

1.5 The Provider uses the services of subcontractors to fulfill the license agreement, in particular mailing service providers (personal data is stored in 3rd countries) and web hosting providers. The subcontractors are verified for the secure processing of personal data. The Provider and the web hosting subcontractor have concluded a personal data processing agreement, according to which the subcontractor is responsible for properly securing the physical, hardware and software perimeter, and therefore bears direct liability to the user for any leakage or breach of personal data.

1.6 Poskytovatel ukládá osobní údaje uživatele po dobu nezbytnou k výkonu práv a povinností vyplývajících ze smluvního vztahu mezi poskytovatelem a uživatelem a uplatňování nároků z těchto smluvních vztahů (po dobu 15 let od ukončení smluvního vztahu). Po jejím uplynutí budou údaje vymazány.

1.7 The user has the right to request from the provider access to his/her personal data pursuant to Article 15 GDPR, correction of personal data pursuant to Article 16 GDPR, or restriction of processing pursuant to Article 18 GDPR. The user has the right to erasure of personal data pursuant to Article 17(1)(a), and (c) to (f) GDPR. Furthermore, the user has the right to object to processing pursuant to Article 21 GDPR and the right to data portability pursuant to Article 20 GDPR.

1.8 Uživatel má právo podat stížnost u Úřadu pro ochranu osobních údajů v případě, že se domnívá, že bylo porušeno jeho právo na ochranu osobních údajů.

1.9 The user is not obliged to provide personal data. However, the provision of personal data is a necessary requirement for the conclusion and performance of the contract and without the provision of personal data it is not possible to conclude the contract or for the provider to perform it.

1.10 The Provider does not make any automatic individual decision-making within the meaning of Article 22 of the GDPR.

1.11 Those interested in using the Provider’s services by filling out the contact form:

agrees to the use of his/her personal data for the purposes of electronic sending of commercial communications, advertising materials, direct sales, market surveys and direct product offers by the Provider and third parties, but not more often than once a week, and at the same time
declares that the sending of information pursuant to point 1.11.1 is not considered unsolicited advertising within the meaning of Act No. 40/1995 Coll. as amended, as the user expressly agrees to the sending of information pursuant to point 1.11.1 in conjunction with Section 7 of Act No. 480/2004 Coll.
The user may withdraw his/her consent pursuant to this paragraph at any time in writing to akustika@akustika.cz
1.12 The Provider uses cookies in its presentation to improve the quality of services, personalize the offer, collect anonymous data and for analytical purposes. By using the website, the User agrees to the use of the aforementioned technology.

II. Rights and obligations between the controller and the processor (processing agreement)

2.1 The Provider is a processor in relation to the personal data of the users’ clients pursuant to Article 28 of the GDPR. The user is the controller of this data.

2.2 These terms and conditions govern mutual rights and obligations when processing personal data to which the Provider has gained access as part of the performance of the license agreement concluded in the form of approval of the general terms and conditions on www.akustika.cz (hereinafter referred to as the “license agreement”) concluded with the User on the date of creation of the user account.

2.3 Poskytovatel se zavazuje pro Uživatele zpracovávat osobní údaje v rozsahu a za účelem stanovenými v čl. 2.4 – 2.7 těchto podmínek. Prostředky zpracování budou automatizované. Poskytovatel bude v rámci zpracování osobní údaje shromažďovat, ukládat na nosiče informací, uchovávat, blokovat a likvidovat. Poskytovatel není oprávněn osobní údaje zpracovávat v rozporu nebo nad rámec stanovený těmito podmínkami.

2.4 The Provider undertakes to process personal data for the User to the following extent:

ordinary personal data,
special categories of data pursuant to Article 9 of the GDPR, which the User has obtained in connection with his own business activities.

2.5 The Provider undertakes to process personal data for the user for the purpose of processing client inquiries and requests obtained from the contact form.

2.6 Personal data may only be processed at the workplaces of the Provider or its subcontractors pursuant to Article 2.8 of these terms and conditions, within the territory of the European Union.

2.7 The Provider undertakes to process the personal data of the User’s clients for the User, all for the period necessary to exercise the rights and obligations arising from the contractual relationship between the Provider and the User and to assert claims from these contractual relationships (for a period of 15 years from the termination of the contractual relationship).

2.8 The User grants permission to engage a subcontractor as a further processor pursuant to Article 28(2) of the GDPR, which is the application hosting provider. The User further grants the Provider general permission to engage another processor in the processing of personal data, however, the Provider must inform the User in writing of any intended changes regarding the recruitment or replacement of additional processors and provide the User with the opportunity to object to such changes. The Provider must impose the same obligations on the protection of personal data on its subcontractors as processors as set out in these Terms and Conditions.

2.9 The Provider undertakes that the processing of personal data will be secured in particular in the following manner:

Personal data is processed in accordance with legal regulations and based on the User’s instructions, i.e. for the performance of all activities necessary for the provision of the web platform.
The Provider undertakes to technically and organizationally ensure the protection of the processed personal data in such a way that there is no unauthorized or accidental access to the data, its alteration, destruction or loss, unauthorized transfers, its other unauthorized processing, as well as other misuse, and that all obligations of the personal data processor arising from legal regulations are continuously secured in terms of personnel and organization during the period of data processing.
The technical and organizational measures taken correspond to the level of risk. The Provider uses them to ensure constant confidentiality, integrity, availability and resilience of processing systems and services, and restores the availability of personal data and access to them in a timely manner in the event of physical or technical incidents.
The Provider hereby declares that the protection of personal data is subject to the Provider’s internal security regulations.
Only authorized persons of the Provider and subcontractors pursuant to Article 2.8 of these Terms and Conditions will have access to personal data, which will have the conditions and scope of data processing determined by the Provider, and each such person will access personal data under their unique identifier.
Authorized persons of the Provider who process personal data pursuant to these Terms and Conditions are obliged to maintain confidentiality of personal data and security measures, the disclosure of which would jeopardize their security. The Provider shall ensure their demonstrable commitment to this obligation. The Provider shall ensure that this obligation for the Provider and authorized persons shall continue even after the termination of the employment or other relationship with the Provider.
The Provider shall assist the User through appropriate technical and organizational measures, if possible, to fulfill the User’s obligation to respond to requests for the exercise of the data subject’s rights set out in the GDPR; as well as in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to the Provider.
After the termination of the provision of the performance associated with the processing, according to Article 2.7 of these terms and conditions, the Provider is obliged to delete all personal data or return them to the User, unless it is obliged to store personal data on the basis of a special law.
The Provider shall provide the User with all information necessary to prove that the obligations under this Agreement and the GDPR have been fulfilled, and shall allow audits, including inspections, to be carried out by the User or another auditor authorized by the User.
2.10 The User undertakes to immediately report all facts known to him that could adversely affect the proper and timely fulfillment of the obligations arising from these terms and conditions to and to provide the Provider with the cooperation necessary for the fulfillment of these terms and conditions.

III. Final provisions

3.1 These terms and conditions shall expire upon the expiry of the period specified in Articles 1.6 and 2.7 of these terms and conditions.

3.2 The user agrees to these terms and conditions by checking the consent form. By checking the consent form, the user indicates that he has read these terms and conditions, that he agrees with them and that he accepts them in their entirety.

3.3 The Provider is entitled to change these terms and conditions. The Provider is obliged to publish a new version of the terms and conditions on its website without undue delay, or send the new version to the User to his/her e-mail address.

3.4 Contact details of the Provider in matters relating to these terms and conditions: +420 732 772 749, akustika@akustika.cz.

3.5 Relationships not expressly regulated by these terms and conditions are governed by the GDPR and the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended.

Tyto podmínky nabývají účinnosti dnem 16.10.2025