These Commission Program Terms and Conditions of Foxentry service govern cooperation and participation in the commission program of the online server located on the web interface https://foxentry.cz/, as well as the legal relations arising between the operator and the partner.
1. Introductory provisions
In the terms of the program, the terms defined below are used:
- client means a natural or legal person who is invited or is to be invited by a partner to the Foxentry service;
- regulation is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC;
- the Civil Code is Act No. 89/2012 Coll., the Civil Code, as amended;
- a partner is a natural person or legal entity that participates in the operator's commission program on the basis of registration;
- Program Terms and Conditions are those of the Foxentry Commission Program, which govern cooperation and participation in the Commission Program and certain privacy-related relationships. The current version of the program conditions is always published on the web interface;
- the commission program is the operator's commission program, through which the partner can invite another person to participate in this program and order the Foxentry service. Part of the commission program is the payment of a commission to the client, under the conditions set by the conditions of the program;
- the commission account is the virtual user account of the partner maintained by the operator on the web interface within the administration of the commission program, to which the partner has access and through which he can invite the client;
- the operator is the company AVANTRO, s.r.o., with its registered office at Thámova 137/16, Karlín, 186 00 Praha, IČ: 04997476, DIČ: CZ04997476, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 256795;
- Foxentry is a service offered and provided by an operator within a web interface;
- a cooperation agreement (or simply "agreement") is any agreement concluded under the terms of the program between the operator and the partner. The agreement is concluded by the partner accepting the conditions of the operator's program by registering by pressing the confirmation button, the cooperation agreement is not an order agreement or an agency agreement;
- parties to the contract (or just "parties") means the operator and the partner jointly, the operator or partner separately referred to as the party to the contract (or just the "party");
- subjects of personal data or subjects mean clients, or other persons whose personal data are transferred between the parties to the contract via the web interface or otherwise in connection with the commission program, these personal data are hereinafter referred to as the personal data in question;
- The web interface is a summary of the operator's website located at https://foxentry.cz/.
1.2. What governs mutual rights and obligations?
1.2.1. The terms of the program govern the rights and obligations of the parties:
a) arising in connection with the partner's participation in the commission program, including the conditions under which the client can be invited to the commission program and the conditions of commission payment (part 2 of these program conditions);
b) arising in connection with the handling of personal data of clients or other users of the web interface (part 3 of these program conditions);
c) arising in connection with the protection of personal data of the partner and the operator (part 4 of these program conditions).
1.2.2. By registering in the commission program, the partner agrees with the conditions of the program and at the same time undertakes to abide by the conditions of the program.
1.2.3. In matters not regulated by these program conditions, the relations between the partner and the operator are governed by applicable law, especially the Civil Code and, if the partner is a consumer, also Act No. 636/1992 Coll., The Consumer Protection Act, as amended (hereinafter "Consumer Protection Act").
1.2.4. The operator is entitled to change or supplement the wording of the program conditions at any time. The rights and obligations of the contracting parties are always governed by the wording of the terms and conditions of the program under whose effectiveness they arose.
1.2.5. The contract is not concluded in writing with the signatures of the contracting parties. The contract consists mainly of these program conditions, mutual communication between the partner and the operator, or information provided on the web interface. At the partner's request, the entire contract will be sent to him electronically by e-mail or printed by post. When sending by post, the Operator may request reimbursement of related costs. The contract (including these program conditions) is archived by the operator in electronic form. The contract is not accessible to third parties, but the operator will send it to him at the request of the partner.
2. Client invitation and commission payment
2.1. Participation in a commission program
2.1.1. Participation in the commission program arises from the registration of the partner in the commission program and the establishment of a partner account of the partner.
2.1.2. The Partner is obliged to protect his access to data to his commission account from misuse by a third party. The operator is not liable for any damage caused by misuse of the commission account by a third party.
2.1.3. The partner is responsible to the operator for the accuracy and completeness of the data provided during registration. In the event of changes in the above data, the partner is obliged to inform the operator immediately. The operator is not liable for damages incurred by the partner due to failure to notify changes in the data.
2.1.4. As part of the commission program, the partner promotes the Foxentry service on the basis of a cooperation agreement, in particular by inviting the client to use the Foxentry service.
2.1.5. The client can be invited in the following ways: a) via a unique link, which is available in the partner's commission account. The partner is entitled to place this unique link on its website, or on the websites of third parties, if this procedure does not violate the business or other conditions of the given web platform, or the partner is entitled to send a unique link to a specific person. Through a unique link, the client will be directed to register for a commission program. By registering, the client is involved in the commission program. b) through a commission account by sending an invitation to clients by e-mail. An invitation can be sent by clicking on the appropriate button in the commission account. The client will be involved in the commission program by making the registration available through the sent invitation.
2.1.6. The partner is obliged to ensure that its activities do not damage or endanger the good name and reputation of the operator or the services it offers.
2.2.1. If the client, on the basis of the invitation of the partner according to Article 2.1.5 letter a) or b) of the program conditions, sets up a user account on the web interface and thus participates in the commission program, orders the Foxentry service through this user account and pays for this service to the operator, the partner is entitled to receive a commission.
2.2.2. In the event that the contract is terminated or the contractual relationship between the client and the operator is terminated in another way, as a result of which the operator will be obliged to return the funds received from the client for Foxentry, the right to commission expires to the partner. However, commissions already paid belong to the partner and he is not obliged to return them.
2.2.3. All Foxentry service orders placed by a client who has registered on the basis of a partner's invitation pursuant to paragraph 2.1.5. a) or b) of the program conditions will be displayed in the partner's commission account.
2.2.4. The right to the partner's commission arises at the moment of payment of the order by the client. The moment of payment is considered to be the crediting of the relevant amount to the bank account of the operator. If the Foxentry service is paid by the client periodically, the client is entitled to a commission in the amount according to the following paragraph for each payment made in this way.
2.2.5. The amount of the commission is equal to 20% of each payment of the price of the Foxentry service without VAT made within the first year from the client's registration and 10% of each payment of the price of the Foxentry service without VAT for the following years.
2.2.6. In the case of a new (re) registration of the client in the commission program, regardless of the registration data under which the client sets up his user account, the duration of individual user accounts of the client is added for the purposes of the previous paragraph.
2.2.7. After the right to commission arises, the partner has the opportunity to request the payment of a commission through his commission account, while the minimum amount for which the partner can request payment is CZK 500. In the event that the partner requests the payment of a lower amount, the payment of the commission will be refused by the operator. If the partner requests the payment of a commission in accordance with these program conditions, then the operator will pay the commission within 10 working days of the partner's request, to the bank account that the partner has listed in his commission account.
3. Joint controllership
3.1. Scope of transmitted personal data
3.1.1. In the event that the client registers with the Foxentry service on the basis of paragraph 2.1.5. a) of the program conditions, then the operator will provide the partner only anonymized information about the amount of the partner's commission. In this case, the parties will not provide any personal data to third parties and there will be no joint controllership within the meaning of this part 3 of the terms of the program.
3.1.2. In the event that the partner invites the client to the commission program on the basis of paragraph 2.1.5. b) of the conditions of the program, together with the operator he will be in the position of joint controllership for the provided personal data of the given client. In this case, the partner confirms that he has consent to provide the client's email to the operator.
3.2. General conditions
3.2.1. This part of the terms of the program is drawn up within the meaning of Article 26 of the Regulation. The subject of this part of the program conditions is the determination of the conditions for the joint processing of the personal data in question by the operator and the partner as joint controllers.
3.2.2. These terms and conditions of the program do not apply to the processing of personal data in connection with negotiations between a partner and a client or other data subject that is not directly related to the web interface. However, this paragraph cannot be interpreted as releasing the partner from its legal obligations regarding the processing of personal data.
3.2.3. In the event that the partner is evaluated as a processor of personal data and not as a controller, the appropriate provisions concerning the controller of personal data shall apply to this relationship between the partner and the operator.
3.3. Transfer of personal data and its scope
3.3.1. The purpose of the transfer of personal data is solely to fulfill the contracts related to these program conditions. For other purposes, the Contracting Parties may process personal data only if the Regulation so permits, in particular for the purposes of legitimate interests or for the purpose of fulfilling legal obligations.
3.3.2. The partner transfers personal data to the operator for the purpose of inviting the client via the client's e-mail to the commission program. The partner declares that the client's personal data is transferred with the express consent of the client, who is able to document.
3.3.3. Unless otherwise specified on the web interface, the partner only transmits the client's e-mail to the operator.
3.4. Method of personal data processing
3.4.1. The parties declare that they are aware of their obligations in the processing of personal data arising from the Regulation and that they will fully respect them within the framework of this joint controllership.
3.4.2. In particular, the Parties undertake to:
a) put in place appropriate technical and organizational measures to ensure and be able to demonstrate that processing is carried out in accordance with the Regulation, taking into account the nature, extent, context and purposes of the processing and the different probabilities; risks of various rights to the rights and freedoms of data subjects;
b) process the personal data in question in accordance with the purpose of the processing set out above and of an appropriate nature and manner and only for as long as is necessary for that purpose;
c) they shall use only personal processors for the processing of personal data who provide sufficient guarantees that appropriate technical and organizational measures are in place so that the processing complies with the requirements of the Regulation and that the rights of the data subject are protected;
d) conclude a processing contract with each of their processors who will process the personal data in question in accordance with Article 28 (3) of the Regulation;
e) ensure that the persons authorized to process the personal data in question (eg the partner's employees) undertake to maintain secrecy;
f) shall not transfer the personal data in question to third parties unless such transfer is necessary for the performance of a contract between one of the parties and the data subject, for the legitimate interests of the parties, for the fulfillment of the parties' legal obligations or for another similar reason covered by Article 6 (1). ordinance;
g) take appropriate technical and organizational measures to ensure the necessary level of security for the processing of the personal data in question, in particular ensure that access to stored personal data is ensured by passwords and lay down internal rules for working with personal data;
h) fulfill all obligations in the event of a breach of the security of the personal data;
i) fulfill obligations in the areas of records on processing and cooperation activities with the supervisory authority according to the regulation;
j) enable the data subject to exercise all their rights related to the processing, in particular in accordance with Articles 15-22 of the Regulation.
3.5. Division of responsibilities between the parties
3.5.1. The Contracting Parties undertake to provide each other with the cooperation necessary for the proper fulfillment of obligations related to the protection of personal data.
3.5.2. The Operator fulfills its obligations from the processing of personal data for the purposes of fulfilling these conditions of the program and in connection with the provision of its other functions. As part of this, it also answers questions and requests from data subjects and otherwise ensures their rights.
3.5.3. The Partner fulfills its obligations from the processing of personal data for the purposes of fulfilling these conditions of the program. As part of this, it also answers questions and requests from data subjects and otherwise ensures their rights.
3.5.4. When registering on the web interface, the operator informs the client about the processing of personal data, including information that the personal data in question will be passed on to partners. At the time of handing over the personal data in question, the partner is no longer obliged to inform the client about the processing (except according to the following paragraph), but the partner must be able to easily find out who will be the controller of his personal data. In the case of data subjects other than the client, this rule shall apply adequately.
3.5.5. In the event that the partner begins to process the personal data in question for a purpose other than the performance of the contract or to a greater extent, the data subject is obliged to inform.
3.5.6. If the personal data subject turns to one of the parties with a request to exercise his rights and it is clear that those rights belong to him in relation to the other party, the requested party shall forward the request to the other party concerned and inform the data subject accordingly.
3.5.7. If, due to the nature of the matter, it is possible for either party to exercise the rights of the data subject, or it is not clear to which party this obligation belongs, the one to which the data subject first turned shall exercise them.
3.5.8. If one of the parties does not properly fulfill its obligations related to the joint processing of personal data under these program conditions and the other party is caused any damage, such as sanctions or loss of profit due to damage to its good name, the party that breached the obligations shall compensate the other party for any damage.
3.5.9. Irrespective of whether the operator has suffered damage, a breach of the obligations under the previous paragraph may be considered a breach of a contractual obligation in a significant manner.
4. Protection of personal data of the partner and the operator
4.1. Protection and handling of personal data of the partner and the operator
4.1.1. The contracting parties declare that they are aware that, within the framework of their business cooperation under this contract, they process each other's personal data or the personal data of their representatives. In particular, the contracting parties process identification data, contact data and economic data (eg bank details, data on the financial situation, etc.). The Contracting Parties obtain this personal data directly from the other Contracting Party or from publicly available sources.
4.1.2. The contracting parties process the above personal data on the basis of and for the purpose of fulfilling this contract and on the basis of and for the purpose of fulfilling the obligations stipulated by law. Furthermore, the Contracting Parties may process personal data on the basis of a legitimate interest for the purposes of enforcement and protection of legal claims. The contracting parties will process the personal data obtained only for the time necessary for the above purposes.
4.1.3. If the contracting party gives its consent, the other contracting party is entitled to process personal data in accordance with the conditions specified in this consent.
4.1.4. To the extent necessary to fulfill the above purposes, the contracting parties are entitled to transfer personal data to other recipients. These recipients may be, in particular, Hetzner Online GmbH (server provider) and a provider of IT support for the web interface and service. The contracting party is obliged to communicate who specifically processes personal data on the basis of a request from the other contracting party.
4.1.5. The Contracting Parties shall not transfer personal data to countries outside the European Union, unless this is necessary for the performance of the contract or for other reasons for the fulfillment of the above purposes in accordance with the rules of such transfer laid down by generally binding legal regulations.
4.1.6. The Contracting Parties acknowledge that they have the right to access their personal data, the right to correct their personal data, the right to delete personal data, the right to request processing restrictions, the right to object to processing, the right to transfer data to another controller, the right to appeal consent, if consent has been given to the processing of personal data, and the right to lodge a complaint with the Office for Personal Data Protection.
5. Final provisions
5.1. Duration of the contract and its termination
5.1.1. The contract is concluded for an indefinite period. The contract may be terminated:
a) by canceling the partner's commission account at the partner's request. The commission account can be canceled using the appropriate button, which will be in the commission account settings, or the partner can contact the operator with the request to cancel the commission account and it will cancel the commission account;
b) termination of the contract without notice from the operator. The operator is entitled to terminate the contract in the event that the partner acts in violation of the conditions of the program, legal regulations, or good morals in the performance of cooperation;
c) in other cases in accordance with the Civil Code.
5.1.2. The termination of the cooperation agreement does not affect any claims for damages.
5.1.3. The Partner is entitled to request the payment of commissions from the operator to which he became entitled on the date of termination of the cooperation agreement. Payment will be made in accordance with the provisions on commission in Article 2.2.
5.2. General information
5.2.1. The operator is not responsible for errors caused by third-party interventions in the web interface or as a result of its use contrary to its purpose. When using the web interface, the partner must not use procedures that could disrupt the function of the system or unduly burden the system.
5.2.2. The Partner is fully liable for all damages caused by its actions in violation of the conditions of the program and/or the law of the Czech Republic to the operator, other users of the web interface, or third parties.
5.2.3. The operator is entitled to operate the service on the basis of a trade license. Its activities are not subject to any other permit.
5.2.4. The content of the web pages placed on the web interface (texts including conditions of use, photographs, images, logos, software, and others) is protected by the Operator's copyright or the rights of other persons. The content of the partner may not be changed, copied, reproduced, distributed, or used for any purpose without the consent of the operator or the consent of the copyright holder. In particular, free or paid access to photographs and texts placed on the web interface is prohibited.
5.2.5. Names and designations of products, goods, services, companies, and corporations may be registered trademarks of their respective owners.
5.2.7. If the partner's residence or registered office is located outside the Czech Republic, or if the legal relationship between the operator and the partner contains another international element, the partner agrees that the legal relationship between the partner and the operator is governed by Czech law. If the partner is a consumer and the law of the country of residence provides a higher level of consumer protection than the Czech law, then he is provided with this higher level of protection.
5.2.8. If the partner commits any illegal or unethical conduct while using the web interface, the operator is entitled to restrict, suspend or terminate the partner's access to the web interface, without any compensation. In this case, the partner is also obliged to compensate fully the operator for the damage that was demonstrably caused by his actions under this paragraph.
5.2.9. The operator warns that clicking on some links on the web interface may leave the web interface and redirect you to the websites of third parties.
5.2.10. If these program conditions expire in any way, the provisions of these program conditions continue to be binding on the parties, which are clearly to be binding on the parties even after the end of the cooperation.
5.2.11. For providing cooperation during internal or external audits of a partner, or any non-standard requirements for which the operator would have to spend more time or money, the operator is entitled to compensation for the time spent at an hourly rate of CZK 5,000 excluding VAT.
5.3. Consumer information
5.3.1. If the partner is a natural person who enters into a contract outside the scope of his business activities or outside the scope of independent performance of his profession, he is entitled to consumer protection according to applicable legislation, especially the Civil Code and the Consumer Protection Act.
5.3.2. As a consumer, he has above all:
a) the right to withdraw from the contract at any time by canceling the commission account pursuant to Article 5.1.1.;
b) the right to communicate information prior to the conclusion of the contract (the information is contained in these terms and conditions of the program or on the web interface);
c) the right to an out-of-court settlement of a consumer dispute under contract;
d) if his residence is not in the Czech Republic, he is also entitled to a higher level of consumer protection provided by the law of the state of his residence, if such law provides a higher level of protection than the Czech law.
5.3.3. The partner can inform the operator about the withdrawal from the contract in any way, but the operator recommends sending a message to his contact e-mail. The operator then blocks the use of the commission program by the partner immediately after the notification of withdrawal from the contract.
5.3.4. If the partner is a consumer and if a dispute arises between the operator and the partner under the contract, which cannot be resolved directly, the Partner has the right to turn to the Czech Trade Inspection Authority with this dispute (address: Česká obchodní inspekce, Ústřední inspektorát – oddělení ADR, Štěpánská 15, 120 00 Praha 2; website: www.coi.cz, www.adr.coi.cz; email: [email protected]; phone: +420 296 366 360) or to the Association of Czech Consumers (address: Sdružení českých spotřebitelů, z. ú., Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, email: [email protected], phone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. He may exercise this right no later than 1 year from the day when he first exercised the right which is the subject of this consumer dispute with us. The partner can also use the online platform set up by the European Commission at: http://ec.europa.eu/consumers/odr/ to lodge a complaint about the operator's services and to find an ADR entity.
The conditions of the program as amended are valid from 3 October 2023Still having trouble? Leave us a note.